Granted. Defendant is ordered released from jail pending trial. C.Cr.P. 701.
DIXON, C. J., concurs. The question is not whether relator's present incarceration is "illegal" (as under the habeas corpus statute) but whether the obvious intent of the legislature is to be enforced—that is, if no bill is filed within 45 days of arrest, the accused is to be released. Civil damages have nothing to do with this matter.
MARCUS, J., dissents from the order...
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