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STATE v. WASHINGTON

No. 47894.

182 So.2d 528 (1966)

248 La. 894

STATE of Louisiana v. Wesley WASHINGTON.

Supreme Court of Louisiana.

Rehearing Denied February 23, 1966.

Attorney(s) appearing for the Case

Jack P. F. Gremillion, Atty. Gen., William P. Schuler, Asst. Atty. Gen., Richard Kilbourne, Dist. Atty., Fred C. Jackson, Asst. Dist. Atty., for appellant.

William F. Kline, Jr., Clinton, for defendant-appellee.

HAWTHORNE, Justice.

A bill of information was filed charging that the defendant Wesley Washington operated a vehicle while under the influence of alcoholic beverage, a crime denounced by R.S. 14:98, and that the defendant was a fourth offender because of three prior convictions for this same offense. The district judge sustained a plea of prescription and dismissed the prosecution. The State has appealed.

R.S. 14:98 reads as follows:

"A. Operating...

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