STATE v. WALLACE

No. 80-K-2327.

392 So.2d 410 (1980)

STATE of Louisiana v. Charles K. WALLACE.

Supreme Court of Louisiana.

December 15, 1980.


Attorney(s) appearing for the Case

Salvador J. Liberto, Jr., Folsom, for defendant-relator.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Marion Farmer, Dist. Atty., Abbott J. Reeves, John Williams, Asst. Dist. Attys., for plaintiff-respondent.


LEMMON, Justice.

This case presents the following issue: if an arrested person has been ordered released from custody (pursuant to C.Cr.P. art. 230.1 C) because of the sheriff's failure to bring him before a judge for the purpose of appointment of counsel within 72 hours of his arrest (as mandated by C.Cr.P. art. 230.1 A), is the person immune from rearrest and incarceration pending trial when a legal ground for arrest otherwise...

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