Supreme Court of Louisiana, 1975

State v. Newton

State v. Newton
Supreme Court of Louisiana · Decided September 5, 1975 · Calogero, Day, Dennis, Dixon, Marcus, Newton, Sanders, Stated, Summers, Tate
328 So. 2d 120; 1975 La. LEXIS 5236 (Southern Reporter, Second Series)

State v. Newton

070rehearing

ON REHEARING

SANDERS, Chief Justice.

For the reasons assigned in State of Louisiana v. Newton, La, 328 So.2d 110, decided this day, the judgment of the district court is reversed; he motion to quash the indictment is overruled; and the case is remanded to the district court for further proceedings consistent with the views therein expressed.

TATE, DIXON and CALOGERO, JJ, dissent. DENNIS, J, concurs for the reasons stated in State v. Newton, La, 328 So.2d 110, decided this day.

Opinion of the Court

CALOGERO, Justice.

Defendant Leslie Newton was indicted for bribery of voters in violation of La.R. S. 14:119. For the reasons assigned in State v. Newton, La., 328 So.2d 110, decided this day, the trial court’s action in declaring the statute constitutionally infirm and its action in quashing the indictment is hereby affirmed.

SANDERS, C. J., and SUMMERS and MARCUS, JJ, dissent.

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