STATE v. SWAIN

No. 54012.

292 So.2d 495 (1974)

STATE of Louisiana v. Gordon L. SWAIN.

Supreme Court of Louisiana.

Rehearing Denied April 26, 1974.


Attorney(s) appearing for the Case

Dennis R. Whalen, Baton Rouge, for defendant-respondent.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Ossie Brown, Dist. Atty., Carole M. Mosely, Asst. Dist. Atty., for plaintiff-relator.


DIXON, Justice.

On June 28, 1973 defendant while operating a vehicle within the city limits of Baton Rouge, Louisiana was arrested by a State trooper for driving while intoxicated. R.S. 14:98. At trial the defendant objected to the arresting officer testifying arguing that the State must establish the authority of the trooper to make the arrest before he could testify. The trial court sustained the objection finding that the trooper did not have authority to arrest...

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