State v. Kyzar

Supreme Court of Louisiana August 22, 1978

State v. Kyzar, 361 So. 2d 886 (La. 1978)

1978 La. LEXIS 6212

Abuse, Discretion, Showing, Summers, There, Trial

Opinion of the Court

In re: Fred Lamar Kyzar, applying for writs of certiorari, prohibition, mandamus and for a stay order. Parish of St. Mary.

Writ granted in part: Since the State has not borne its pre-indictment burden of showing that the proof is evident and presumptions great that the accused is guilty of first degree murder, a non-bailable capi-tel offense. The case is remanded for the trial court to fix bail.

SUMMERS, J., dissents. There is no showing of abuse of discretion by the Trial Judge.

Reference

Full Case Name: STATE of Louisiana v. Fred Lamar KYZAR
Status: Published