Supreme Court of Louisiana, 1974

State v. Birabent

State v. Birabent
Supreme Court of Louisiana · Decided February 1, 1974 · Barham, Dixon
288 So. 2d 641; 1974 La. LEXIS 3186 (Southern Reporter, Second Series)

State v. Birabent

Concurring Opinion

BARHAM, J.,

concurs. The issues presented here may be more pointedly made by motions in the trial court if prosecution continues. Adequate remedy is available in this Court if the trial court errs in future rulings.

Opinion of the Court

In re: John Ernest Birabent applying for writs of certiorari, prohibition, mandamus and for stay order.

Writ denied. We pretermit whether the trial court committed error, cf. State v. Lawrence, 221 La. 861, 60 So.2d 464 (1952), because relator has an adequate remedy in the trial court if error was committed.

Dissenting Opinion

DIXON, J.,

dissents. A grand jury indictment cannot be “amended” by the court from manslaughter to murder. Defendant has already been placed in jeopardy for this killing.

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