State v. Gonzales

Supreme Court of Louisiana March 19, 1976

State v. Gonzales, 328 So. 2d 377 (La. 1976)

1976 La. LEXIS 4830

Granted, Sanders, Should, Summers

Dissenting Opinion

SUMMERS, J.,

is of the opinion the writ should be granted being of the opinion that institution of prosecution refers to the initial trial and not to the trial de novo in the District Court. Trial in this latter court is an “appeal”, as the statute and Constitution provide.

Opinion of the Court

In re: State of Louisiana applying for writs of certiorari, prohibition and mandamus.

Writ denied. We find no error in the result. Cf. La.Code of Criminal Procedure, Art. 582.

SANDERS, C. J., is of the opinion that a writ should be granted.

Reference

Full Case Name: STATE of Louisiana v. Ailine Jean GONZALES a/k/a Jeanie Bradley
Status: Published