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State v. Birabent

Supreme Court of Louisiana
Feb 1, 1974
288 So. 2d 641 (La. 1974)

Opinion

No. 54262.

February 1, 1974.

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.

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.

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.


Summaries of

State v. Birabent

Supreme Court of Louisiana
Feb 1, 1974
288 So. 2d 641 (La. 1974)
Case details for

State v. Birabent

Case Details

Full title:STATE OF LOUISIANA v. JOHN ERNEST BIRABENT

Court:Supreme Court of Louisiana

Date published: Feb 1, 1974

Citations

288 So. 2d 641 (La. 1974)

Citing Cases

State v. Birabent

The application to this Court was denied for the reason that relator had an adequate remedy in the trial…