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 3786 (Southern Reporter, Second Series)

State ex rel. Schwartz v. Schulingkamp

Dissenting Opinion

BARHAM, J.,

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

Opinion of the Court

In re: Mitchell N. Schwartz applying for Writ of Mandamus.

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

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