STATE v. JAMES

No. 51901.

254 So.2d 465 (1971)

259 La. 1057

STATE of Louisiana v. Joseph E. JAMES.

Supreme Court of Louisiana.

November 30, 1971.


Application denied; although we do not express approval of the practice here complained of, since the defendant has made no allegation and no showing that there is "no probable cause" for the prosecution, there has been no abuse of discretion in denying the preliminary hearing.

BARHAM, J., is of the opinion the district court should be ordered to grant or refuse the motion for preliminary examination only after it has exercised the discretion required in C.Cr.P. art...

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