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STATE v. HIGHTOWER

No. 44779.

116 So.2d 699 (1959)

238 La. 876

STATE of Louisiana v. Sam W. HIGHTOWER.

Supreme Court of Louisiana.

Rehearing Denied January 11, 1960.

Attorney(s) appearing for the Case

Jack P. F. Gremillion, Atty. Gen., M. E. Culligan, Asst. Atty. Gen., Albin P. Lassiter, Dist. Atty., Hillyer S. Parker, Asst. Dist. Atty., Monroe, for appellant.

Thompson, Thompson & Sparks, Monroe, for appellee.

FOURNET, Chief Justice.

The State is appealing from the judgment of the district court maintaining1 the motion to quash the bill of information charging the defendant, Sam W. Hightower, as a second offender, with violation of R.S. 14:98,2 in that he unlawfully operated an automobile while under the influence of an alcoholic beverage, on the ground that said statute is unconstitutional.

The motion to...

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