Supreme Court of Louisiana, 1975

State v. Font

State v. Font
Supreme Court of Louisiana · Decided November 25, 1975 · Against, Dixon, Evidence, Hearing, Tate, There, Use
324 So. 2d 821; 1975 La. LEXIS 4813 (Southern Reporter, Second Series)

State v. Font

Opinion of the Court

In re: Charles Font applying for Writ of Certiorari, Prohibition, Mandamus and Stay Order.

Writ denied. On the facts alleged, there is no error of law in the holding at the preliminary hearing that there was sufficient evidence to establish probable cause.

Dissenting Opinion

TATE, Justice.

I respectfully dissent. The state did not prove, for instance, that the money alleged*822ly stolen from the non-testifymg victim was actually found on the accused’s person after the alleged incident. There was insufficient “hard” (i. e. non-hearsay) evidence to justify a holding of probable cause to hold the accused, in this preliminary hearing mandated by our Louisiana Constitution.

DIXON, J., concurs in the denial because there is no prohibition against the use of hearsay evidence at a preliminary hearing.

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