Supreme Court of Louisiana, 1979

State v. Masterson

State v. Masterson
Supreme Court of Louisiana · Decided March 27, 1979 · Summers
369 So. 2d 164; 1979 La. LEXIS 5659 (Southern Reporter, Second Series)

State v. Masterson

Opinion of the Court

In re State of Louisiana, through the District Attorney, Paul Carmouche, applying for certiorari, prohibition, mandamus and for a stay order. Caddo Parish. No. 110,354.

Writ denied.

Concurring Opinion

SUMMERS, C. J.,

would grant the writ. “The right to a preliminary examination shall not be denied in felony cases except where the accused has been indicted by a grand jury.” La.Const, art. I § 14. In this case the trial judge has improperly ordered the State to show probable cause to hold the accused when the grand jury has indicted him. I would set aside the order of the trial judge. I respectfully dissent.

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