STATE v. REMBERT

No. 55807.

312 So.2d 282 (1975)

STATE of Louisiana v. Bernard A. REMBERT.

Supreme Court of Louisiana.

Rehearing Denied May 30, 1975.


Attorney(s) appearing for the Case

Joseph L. Waitz, Waitz, Weigand & Downer, Houma, for defendant-appellee.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Norval J. Rhodes, Dist. Atty., Alexander L. Doyle, Asst. Dist. Atty., for plaintiff-appellant.


TATE, Justice.

The state appeals from the trial court's sustaining the defendant's motions to quash the bill of information. La.C.Cr.P. art. 912B. The trial court essentially held, on the basis of evidence produced at a preliminary hearing,1 that the aerosol container of mace spray used in the battery was not a "dangerous weapon" within the meaning of the statute defining the crime charged.

The defendant Rembert is charged with...

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