Supreme Court of Louisiana, 1976

State v. Gonzales

Supreme Court of Louisiana · Decided March 19, 1976 · Granted, Sanders, Should, Summers

328 So. 2d 377; 1976 La. LEXIS 4830 (Southern Reporter, Second Series)

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.

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