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STATE v. JONES

No. 85-KK-1135.

481 So.2d 598 (1986)

STATE of Louisiana v. Cornell JONES.

Supreme Court of Louisiana.

Rehearing Denied March 27, 1986.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Mike McMahon, Theresa C. Legon, Asst. Dist. Attys., for respondent.

Mark McTernan, New Orleans, for defendant-applicant.

LEMMON, Justice.

The issue before the court is whether the use of La.C.C.Art. 184's presumption of paternity in a prosecution for criminal neglect of family under La.R.S. 14:74(2) unconstitutionally relieves the state of its burden of proving an essential element of the crime. We conclude that the civil presumption that the husband of the mother is the father of any child born or conceived during the marriage may not constitutionally be used in a criminal prosecution...

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