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STATE v. DANIEL

No. K0118.

420 So.2d 699 (1982)

STATE of Louisiana v. Kenneth A. DANIEL.

Court of Appeal of Louisiana, Fourth Circuit.

September 28, 1982.

Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Kendall P. Green, Asst. Dist. Atty., New Orleans, for relator.

Martin E. Regan, New Orleans, for respondent.

Before LOBRANO, REDMANN and WILLIAMS, JJ.

The issue presented for our review is as follows: May the local rule of Criminal District Court take precedence over Code of Criminal Procedure Article 701. Specifically, the defendant was arrested on August 6, 1982 and charged with first degree murder. On August 12th and 30th, a preliminary hearing took place wherein the magistrate found probable cause to hold defendant. Local rule 19 of the Criminal District Court provides:

"If, after a finding of probable cause...

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