Granted. The ruling of the trial judge is reversed. The finding at the initial preliminary hearing is not "res judicata" as to a subsequently filed bill of information. See La.C.Cr.P. arts. 296 (cf. official revision comment (c) ) and 386. Our ruling is without prejudice to the defendant's right to a new preliminary examination.
SUMMERS, J., in my view this adjudication should be based upon a hearing at which all parties are given an opportunity to be heard. These...
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