Supreme Court of Louisiana, 1979

State v. Marshall

State v. Marshall
Supreme Court of Louisiana · Decided May 25, 1979 · Tate
371 So. 2d 623; 1979 La. LEXIS 6496 (Southern Reporter, Second Series)

State v. Marshall

Opinion of the Court

In re Jacqueline Marshall, applying for supervisory writs and stay order. Orleans Parish. No. 269 -388.

Writ granted. It is ordered that preliminary examination be resumed no later than Tuesday, May 29, 1979; if State unable to establish probable cause, relator should be released without bond; on other hand, if probable cause is established at said hearing, trial judge should conduct hearing on reduction of bond at same hearing.

Dissenting Opinion

TATE, J.,

dissents. The relator is entitled to immediate release, since the state conceded at the preliminary examination *624there was no probable cause so as to require bail. If the state desires bond, it should file new charges.

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