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STATE v. SAVOIE

No. 63295.

368 So.2d 1095 (1979)

STATE of Louisiana v. Andrew A. SAVOIE.

Supreme Court of Louisiana.

March 14, 1979.

Attorney(s) appearing for the Case

Alvis J. Roche, Lake Charles, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Leonard Knapp, Dist. Atty., Gregory D. Lyons, Alcide Gray, Abbott J. Reeves, Asst. Dist. Attys., for plaintiff-appellee.

PER CURIAM.

Affirmed.

TATE, J., concurs.

There is some evidence of gross negligence. Insofar as the appellant urges that an unconstitutional presumption of negligence (by reason of statutory violation) was used against him, Hammontree v. Phelps, 462 F.Supp. 366 (W.D.La.1978), the issue is not before us because the judge was not required to instruct himself as to the law, and the record affords us no basis...

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