STATE v. CLARK

Nos. 81-K(A)-2670, 81-K-3112.

414 So.2d 737 (1982)

STATE of Louisiana v. Tracy Glen CLARK.

Supreme Court of Louisiana.

Rehearing Denied June 18, 1982.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., James L. Davis, Dist. Atty., Herman L. Lawson, Steven R. Thomas, Abbott J. Reeves, Asst. Dist. Attys., for plaintiff-relator.

James E. Franklin, Jr., L. Edwin Greer, of Peatross & Greer, Shreveport (amicus curiae), for defendant-respondent.


DIXON, Chief Justice.

Defendant Tracy Glen Clark was indicted by a DeSoto Parish Grand Jury for aggravated rape (R.S. 14:42). Defense counsel filed a pretrial motion to quash the indictment on the ground that the state failed to preserve certain evidence—vaginal swabs and washings, seminal stains on a bedsheet and other physical evidence—which was used by the state to conduct its tests, rendering it impossible for defendant to run further tests that...

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