Supreme Court of Louisiana, 1974

State v. Renard

Supreme Court of Louisiana · Decided July 1, 1974 · Barham, Dixon, Granted, Should

296 So. 2d 833; 1974 La. LEXIS 4584 (Southern Reporter, Second Series)

Dissenting Opinion

BARHAM, J.

is of opinion the writ should be granted. Relator requested a preliminary examination by filing the motion for same before any bill of information had been filed. He had an absolute right to the hearing. Subsequent filing of bill of information did not take away the mandatory right to hearing under C.Cr.P. Art. 292. See State v. Jackson, La., 282 So.2d 526.

DIXON, J., is of opinion that writ should be granted.

Opinion of the Court

In re: Louis J. Renard applying for Writs of Certiorari, Review and/or Mandamus.

Writ refused. No abuse of discretion.

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