State v. Citizen
409 So. 2d 612
La.
1981
Check Treatment

Lead Opinion

In re State of Louisiana, through the District Attorney, Leonard Knapp, applying for writ of review, and stay order. Parish of Calcasieu. No. 13493-80.

Writ granted. The ruling of the trial judge on the admissibility of the testimony of the deceased witness is reversed. The prosecution, however, will introduce the evidence at the state’s risk, for the reason that a majority of this court might, on appeal in the event of conviction, overrule those judges present and ruling on this application.





Dissenting Opinion

CALOGERO, J.,

dissents, not being convinced that the trial judge’s ruling was incorrect.