State v. Jenkins

Supreme Court of Louisiana
State v. Jenkins, 302 So. 2d 20 (La. 1974)
Sanders, Summers

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.

Reference

Full Case Name
STATE of Louisiana v. Ezekiel \Buddy\" JENKINS"
Cited By
3 cases
Status
Published