State v. Burton

Supreme Court of Louisiana June 5, 1967

State v. Burton, 250 La. 892 (La. 1967)

199 So. 2d 914; 1967 La. LEXIS 2627

Granted, Sanders, Should, Summers

Opinion of the Court

In re: State of Louisiana applying for writ of certiorari.

*893Writ refused. The showing made does not warrant the exercise of our supervisory jurisdiction.

SUMMERS, J., is of the opinion the writ should be granted.

Concurring Opinion

SANDERS, J.,

concurs in refusal of writ. The state’s remedy is hy appeal. A ruling that a defendant is incapable of standing trial is a final judgment as to that issue. See State v. Hebert, 187 La. 318, 174 So. 369. Therefore, the state is entitled to an appeal. See Reporter’s Comments, Art. 648, C.Cr.P. and Op.Atty.Gen. 1942-1944, p. 249.

Reference

Full Case Name: STATE of Louisiana v. George L. BURTON
Status: Published