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STATE v. GAGLIANO

No. 80-K-1850.

389 So.2d 721 (1980)

STATE of Louisiana v. Peter GAGLIANO.

Supreme Court of Louisiana.

October 24, 1980.

Denied.

DIXON, C. J., is of the opinion that the District Attorney waived any complaint by suggesting the penalty which he now opposes. A declaratory action in the civil court is open to the District Attorney to contest the validity of the statute.

MARCUS and WATSON, JJ., would grant...

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