STATE v. McDANIEL

No. 55518.

308 So.2d 262 (1975)

STATE of Louisiana v. Buford McDANIEL.

Supreme Court of Louisiana.

February 24, 1975.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., William C. Pegues, III, Dist. Atty., for plaintiff-appellant.

F. Clay Tillman, Jr., Tillman & Mitchell, Leesville, for defendant-appellee.


BARHAM, Justice.

The defendant in this case was indicted by the Vernon Parish grand jury for first degree murder. He filed a motion to quash the indictment based on an allegation that the first and second degree murder statutes are unconstitutional.

The motion was heard on April 29, 1974, and the judge rendered a decision granting the motion on that same date, relying on his interpretation of this Court's decision in Sullins v. City of Shreveport, ...

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