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STATE v. TRUETT

No. 42443.

89 So.2d 754 (1955)

230 La. 955

STATE of Louisiana v. John TRUETT.

Supreme Court of Louisiana.

On Rehearing March 26, 1956.

Opinion April 2, 1956.

On Second Rehearing June 29, 1956.

Attorney(s) appearing for the Case

Racivitch, Johnson, Wegmann & Mouledoux, William J. Wegmann and Guy Johnson, New Orleans, for appellant.

Fred S. LeBlanc, Atty. Gen., Michael E. Culligan, Asst. Atty. Gen., Leon D. Hubert, Jr., Dist. Atty., Adrian G. Duplantier, First-Asst. Dist. Atty., John P. Nelson, Jr., Asst. Dist. Atty., New Orleans, for appellee.

Opinion of Chief Justice Fournet April 2, 1956.

MOISE, Justice.

This is an appeal by the State of Louisiana from a judgment of the Criminal District Court for the Parish of Orleans, Section "B", which sustained defendant's plea of prescription to a bill of information charging him with possession of narcotics, a crime denounced by LSA-Revised Statutes, 40:962.

The pertinent chronological facts of the case are as follows:

July 20, 1951 ...

                    
                    
                    

                        

                            

                                
                            

                            

                                

                                    
    
                                        
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