Supreme Court of Louisiana, 1974

State v. Stewart

State v. Stewart
Supreme Court of Louisiana · Decided September 30, 1974 · Accused, Bill, Discretion, Filing, Grant, Hearing, Holding, Probable, Summers, Trial, View
300 So. 2d 497; 1974 La. LEXIS 4020 (Southern Reporter, Second Series)

State v. Stewart

Opinion of the Court

In re: Rodney Stewart applying for writs of certiorari, prohibition, mandamus, and habeas corpus.

Writ granted. It is ordered that the trial judge hold a preliminary examination pursuant to the original order for that hearing as soon as possible.

SUMMERS, J., dissents. In my view the filing of a bill of information establishes probable cause for holding the accused, and the trial judge has discretion to grant or refuse a preliminary hearing.

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