Opinion
No. 59956.
June 10, 1977.
IN RE: EMIL BUFALO, APPLYING FOR CERTIORARI AND MANDAMUS.
writ denied. The ruling of the trial judge is correct.
SUMMERS, J., is of the opinion the writ should be granted to clarify and correct irreconcilable differences in the decisions of this Court. See Monroe v. Wilhite, 255 La. 838, 233 So.2d 535 (1970) and State v. McCarroll, 337 So.2d 475 (La. 1976) La. Const. Art. I, § 17 (1974).
TATE, J., is of the opinion the writ should be granted to clarify whether a "case" in which possible punishment of six months or over requires a jury trial applies not only to joinder of charges in a single indictment, State v. McCarroll, but also to separate indictments consolidated for trial upon the defendant's motion (which may operate as a waiver of any right to jury trial otherwise applicable.)
DENNIS, J., dissents from the writ denial.