STATE v. MELSON

No. 53610.

284 So.2d 873 (1973)

STATE of Louisiana v. Byron Bernel MELSON.

Supreme Court of Louisiana.

Rehearing Denied November 30, 1973.


Attorney(s) appearing for the Case

Robert Glass, New Orleans, for defendant-relator.

William J. Guste, Jr., Atty. Gen., LeRoy A. Hartley, Asst. Atty. Gen., Jim Garrison, Dist. Atty., Frank Klein, Louise Korns, Asst. Dist. Attys., for plaintiff-respondent.


DIXON, Justice.

Writs were granted in this case to determine whether, on a motion to suppress, a defendant could traverse the accuracy of the factual statements in the affidavit upon which a search warrant was issued.

Two search warrants had been issued for two separate apartments in the investigation of a murder. Both warrants issued upon the identical affidavits by Detective Egan, who recited to the magistrate:

"Upon returning to the Homicide Office...

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