17 So. 2d 907 | La. | 1944
The appeals of the State of Louisiana in these cases present a question of law identical with one considered by us in State v. Gehlbach,
The question was answered affirmatively in the Gehlbach case; and for the reasons therein stated it is similarly determined here.
Therefore, the rulings of the trial judge sustaining the pleas of prescription and dismissing the prosecutions are annulled and set aside; the pleas of prescription are now overruled; and both cases are remanded to the district court for further proceedings.
HIGGINS, J., dissents for reasons assigned by him in State v. Gehlbach,
FOURNET, J., dissents, see dissenting opinion State v. Gehlbach,
PONDER, J., dissents.