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STATE v. WALGAMOTTE

No. 81-K-2706.

415 So.2d 205 (1982)

STATE of Louisiana v. Charles F. WALGAMOTTE.

Supreme Court of Louisiana.

Rehearing Denied July 2, 1982.

Attorney(s) appearing for the Case

G. Walton Caire, Edgard, for defendant-relator.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry J. Morel, Jr., Dist. Atty., Abbott J. Reeves, Asst. Dist. Atty., for plaintiff-respondent.

CALOGERO, Justice.

Charles F. Walgamotte was fifteen years old when on July 9, 1973 he allegedly participated in committing a first degree murder upon the female co-owner of an auto parts store in Reserve, Louisiana. The state attempts to continue this capital prosecution originally instituted by grand jury indictment on August 17, 1973.1

Defendant contends that prosecution at this late date is barred by C.Cr.P. art. 578 which...

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