PER CURIAM:
The Grand Jury of Lafayette Parish indicted Charles Finley for aggravated rape, a capital offense in violation of LSA-R.S. 14:42. The defendant filed a motion to quash the indictment. The motion alleged that the statute no longer contained a criminal penalty, since the United States Supreme Court had invalidated the death penalty. See Roberts v. Louisiana, 428 U.S. ___, 325, 96 S.Ct. 3001, 49 L.Ed.2d 974 (1976).
The trial judge quashed the...
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