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STATE v. SMITH

No. 53686.

284 So.2d 576 (1973)

STATE of Louisiana v. Bomer SMITH.

Supreme Court of Louisiana.

October 29, 1973.

Attorney(s) appearing for the Case

Sam J. D'Amico, D'Amico & Curet, Baton Rouge, for defendant-appellee.

William J. Guste, Jr., Atty. Gen., LeRoy A. Hartley, Asst. Atty. Gen., Samuel C. Cashio, Dist. Atty., Joseph W. Cole, Jr., Asst. Dist. Atty., for plaintiff-appellant.

SANDERS, Chief Justice.

The defendant, Bomer Smith, was indicted by the Pointe Coupee Parish Grand Jury for the crime of illegal use of a weapon. LSA-R.S. 14:94. On April 21, 1972, the defendant filed several pre-trial motions, including a motion to quash the indictment. On June 26, 1972, the district judge sustained the defendant's motion to quash. No bill of exceptions was reserved. The State has appealed the ruling.

Defendant has filed a motion to dismiss...

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