STATE v. HAMMETT

No. 61197.

359 So.2d 126 (1978)

STATE of Louisiana v. Lewis D. HAMMETT.

Supreme Court of Louisiana.

Rehearing Denied June 15, 1978.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., J. Nathan Stansbury, Dist. Atty., Frances M. Gilfoil, Asst. Dist. Atty., for plaintiff-appellant.

Nolan J. Edwards, Crowley, for defendant-appellee.


SANDERS, Chief Justice.

The State charged Lewis Hammett with driving while intoxicated, a violation of LSA-R.S. 14:98. Defendant filed a motion to suppress "all evidence . . . on the grounds that the same came as a result of an illegal arrest." The trial court granted the motion, declaring two arrest statutes, LSA-C.Cr.P. Arts. 213(3) and 933(4), unconstitutional. Because the court declared a statute unconstitutional, the...

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