STATE v. THOMAS

No. K-1491.

442 So.2d 794 (1983)

STATE of Louisiana v. Edward THOMAS.

Court of Appeal of Louisiana, Fourth Circuit.

December 9, 1983.


Attorney(s) appearing for the Case

Joseph Meyer, Jr., New Orleans, for relator.

Harry F. Connick, Dist. Atty., Paul Mayoral, Asst. Dist. Atty., New Orleans, for respondent.

Before REDMANN, C.J., and BYRNES and LOBRANO, JJ.


REDMANN, Chief Judge.

We granted review of the trial court's refusal to rescind a bond forfeiture. The surety argues that quashing of the bill of information had immediately discharged the surety, notwithstanding an amendment two days later to cure the defect for which the information was quashed. We disagree.

La.C.Cr.P. 538 provides that as to four specified grounds for quashing the court

"shall order the defendant discharged .....

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