Supreme Court of Louisiana, 1977

State v. Exnicios

Supreme Court of Louisiana · Decided January 14, 1977 · Are, Belief, Dixon, Granted, Marcus, Should, Tate

341 So. 2d 553; 1977 La. LEXIS 5362 (Southern Reporter, Second Series)

Opinion of the Court

In re: State of Louisiana applying for Writs of Certiorari, Prohibition and Mandamus.

Writ refused. The ruling of the judge of the lower court that a prosecution for violation of an ordinance in the Parish Court must be instituted by affidavit is correct. See LSA-C.Cr.P. arts. 382, 385.

TATE and MARCUS, JJ., are of the belief the writ should be granted.

Dissenting Opinion

DIXON, J.,

is of the opinion the trial court was in error, and that District Attorney may prosecute by information, but that no objection was made by defendant, and the matter is de minimus.

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