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STATE v. GISCLAIR

No. 61883.

363 So.2d 696 (1978)

STATE of Louisiana v. Clyde Anthony "Rock" GISCLAIR.

Supreme Court of Louisiana.

Rehearing Denied November 9, 1978.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, L. J. Hymel, Jr., Asst. Attys. Gen., Melvin P. Barre, Dist. Atty., Norman J. Pitre, Asst. Dist. Atty., for plaintiff-appellant.

Michael S. Fawer, Matthew H. Greenbaum, New Orleans, for defendant-appellee.

MARCUS, Justice.

Clyde Anthony "Rock" Gisclair, assessor for the parish of St. Charles, State of Louisiana, was charged in the same indictment with two counts of theft in violation of La. R.S. 14:67 and one count of public payroll fraud in violation of La. R.S. 14:138. Defendant filed a motion to quash the count accusing him of public payroll fraud on the ground that La. R.S. 14:138(2) was unconstitutionally vague and indefinite. After a hearing, the trial judge sustained...

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