Supreme Court of Louisiana, 1975

State ex rel. Schwartz v. Schulingkamp

State ex rel. Schwartz v. Schulingkamp
Supreme Court of Louisiana · Decided March 7, 1975 · Barham
309 So. 2d 342; 1975 La. LEXIS 3785 (Southern Reporter, Second Series)

State ex rel. Schwartz v. Schulingkamp

Opinion of the Court

In re: Mitchell N. Schwartz and Edward C. Downey applying for Writ of Mandamus.

Writ denied. No clear showing of error. Adequate remedy by appeal in the event of conviction.

Dissenting Opinion

BARHAM, J.,

is of the opinion the writ should be granted. Relator has filed a motion to suppress adequately alleging facts, which is proved, would entitle him to relief prayed for. C.Cr.P. art. 703 provides “On trial of the motion”. A trial or hearing should be afforded relator.

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