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STATE v. HECK

No. 55251.

307 So.2d 332 (1975)

STATE of Louisiana v. Raymond E. HECK and Mike Scheel.

Supreme Court of Louisiana.

Rehearing Denied February 21, 1975.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Ossie Brown, Dist. Atty., Warren J. Hebert, Sp. Pros., for plaintiff-appellant.

Murphy W. Bell, Director, R. Judge Eames, Trial Atty., Baton Rouge, for defendant-appellee Michael C. Scheel.

Tom F. Phillips, G. Michael Pharis, Taylor, Porter, Brooks & Phillips, Baton Rouge, for defendant-appellee Raymond E. Heck.

SANDERS, Chief Justice.

Defendants were charged with disturbing the peace by engaging in a fistic encounter, a violation of LSA-R.S. 14:103, subd. A(1). They filed a joint motion to quash the bill of information, attacking the constitutionality of the statute. The trial court sustained the motion, and the State appealed.

LSA-R.S. 14:103, subd. A(1), the statute in question, provides:

A. Disturbing the peace is the doing of any of the following in...

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