CITY OF BATON ROUGE v. SHORT

No. 58973.

345 So.2d 37 (1977)

CITY OF BATON ROUGE v. Paul B. SHORT.

Supreme Court of Louisiana.

April 11, 1977.


Attorney(s) appearing for the Case

Joseph F. Keogh, City-Parish Atty., W. George Bayhi, Asst. City-Parish Atty., for plaintiff-respondent.

Julius F. Harrell, Baton Rouge, for defendant-relator.

Ellis P. Adams, Jr., Baton Rouge, Executive Director, Louisiana District Attorneys Assn., amicus curiae.


MARCUS, Justice.

Paul B. Short was charged by affidavit1 in the city court for the City of Baton Rouge with violation of a local parking ordinance and with driving while intoxicated in violation of La.R.S. 14:98. The city prosecutor acted as the prosecuting attorney on both of these charges. At the beginning of trial, defendant objected to prosecution by the city prosecutor on the ground that La.Const. art. 5, § 26(B) (1974) vests...

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