Supreme Court of Louisiana, 1977

State v. Washington

State v. Washington
Supreme Court of Louisiana · Decided February 18, 1977 · Dixon, Tate
342 So. 2d 223; 1977 La. LEXIS 5130 (Southern Reporter, Second Series)

State v. Washington

Opinion of the Court

In re: Alvin “Coffee” Washington, applying for remedial writs.

We treat this matter as a writ application. See State v. Johnson, La., 342 So.2d 863. The application is denied. On the pleadings the ruling of the trial judge is correct.

Concurring Opinion

TATE, J.,

concurs in denial. The record before us does not show that the defendant was actually surrendered. The issue is not before us under the present pleadings whether the defendant’s motion prior to expiration of the six months provided by La. 15:85 entitles the bonding company to have the forfeiture set aside upon the actual surrender of the defendant.

Concurring Opinion

DIXON, J.,

concurs for reasons stated by TATE, J.

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