Supreme Court of Louisiana, 1974

State v. Jenkins

State v. Jenkins
Supreme Court of Louisiana · Decided October 18, 1974 · Sanders, Summers
302 So. 2d 20 (Southern Reporter, Second Series)

State v. Jenkins

Opinion of the Court

In re: Ezekiel “Buddy” Jenkins, David Waters and William Paschal applying for Writs of Certiorari, Prohibition, Mandamus and for a Stay Order.

Granted. Hearing ordered on motion to suppress or show cause to the contrary.

Dissenting Opinion

SANDERS, C. J. & SUMMERS, J.,

dissent from the granting of a writ. Article 703, LSA-C.Cr.P., does not authorize a motion to suppress an oral inculpatory statement. The defendants are fully protected by the requirement that an eviden-tiary foundation be laid for the introduction of the oral statement before the judge and outside the presence of the jury. Hence, I would not interrupt the trial, now in progress, for a hearing on the motion to suppress.

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