In re Wayne Rau, applying for rehearing on writ of review. Jefferson Parish. No. 76-14232.

Rehearing denied.

dissent. The majority may be correct in finding that La.C.Cr. Procedure, Art. 576 permits the re-institution of prosecution on a “lesser offense”. Both the trial court and the defendant deserve an articulated opinion explaining why La.C.Cr. Procedure Art. 574 (which permits interruption of prescription only as to “lesser and included”) does not apply.