State v. Birabent, 288 So. 2d 641

Lead Opinion

In re: John Ernest Birabent applying for writs of certiorari, prohibition, mandamus and for stay order.

Writ denied. We pretermit whether the trial court committed error, cf. State v. Lawrence, 221 La. 861, 60 So.2d 464 (1952), because relator has an adequate remedy in the trial court if error was committed.

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Concurrence Opinion

BARHAM, J.,

concurs. The issues presented here may be more pointedly made by motions in the trial court if prosecution continues. Adequate remedy is available in this Court if the trial court errs in future rulings.

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Dissenting Opinion

DIXON, J.,

dissents. A grand jury indictment cannot be “amended” by the court from manslaughter to murder. Defendant has already been placed in jeopardy for this killing.

Case Details

Case Name: State v. Birabent

Court Name: Supreme Court of Louisiana

Date Published: Feb 1, 1974

Citations: 288 So. 2d 641; 1974 La. LEXIS 3186; No. 54262

Docket Number: No. 54262

Court Abbreviation: La.