State v. Breaux
340 So. 2d 989
La.
1977
Check Treatment

Lead Opinion

In re: Claude J. Breaux applying for Writs of Certiorari, Prohibition, Mandamus and Stay Order.

Application denied; No error as to specifications of errors, 2, 3, 4; adequate remedy by appeal in event of conviction if defendant’s rights under # 5 are violated at trial. Application granted as to specification # 1, and the State is ordered to specify with particularity which paragraph of R.S. 14:89.1 it intends to conduct its prosecution.





Concurrence Opinion

SANDERS, C. J.,

concurs in granting the application in part, being of the opinion that the State may rely upon more than one paragraph of R.S. 14:89.1 and amend the bill of information to conform if paragraph 5 is relied upon.





Concurrence Opinion

SUMMERS, J.,

is of the opinion the writ should be denied in all respects.