State v. PattersonState v. Patterson
The defendant was arrested by a state policeman within the limits of a municipality. He was charged with two offenses: driving a motor vehicle while intoxicated,
The defendant filed motions to quash the charges. They were essentially based upon the alleged lack of legal authority of the state policeman to arrest the defendant for the crimes charged within the limits of Bossier City. It was stipulated that the chief executive officer of the city had not officially requested the state police to act within the municipal limits, as allegedly required by
The trial court sustained the motions and quashed the informations. We granted the State‘s application for certiorari, 293 So.2d 173, primarily because we entertained doubt that the motion to quash was the proper procedural vehicle to urge the technical and substantive defenses raised. We reverse on that ground and remand.
Generally speaking, the motion to quash is essentially a mechanism by which to raise pre-trial pleas or defenses, those which do not go to the merits of the charge.
The present issue of non-lawful arrest relates primarily to a defense on the merits including one which could be raised by a motion for a directed verdict. Or, if the issue sought to be raised is unlawful
For the reasons assigned, therefore, the motions to quash are overruled, and the case is remanded to the District Court for further proceedings not inconsistent with the views here set forth.
Reversed and remanded.