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STATE v. POWELL

Nos. 87-KA-1424, 87-KA-1425.

515 So.2d 1085 (1987)

STATE of Louisiana v. Roy POWELL and Ernest D. Jones.

Supreme Court of Louisiana.

November 30, 1987.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Darryl W. Bubrig, Sr., Dist. Atty., David M. Hufft, Gilbert V. Andry, Asst. Dist. Attys., for plaintiff-appellant.

A. Bruce Netterville, O'Neill & Netterville, Gretna, for defendants-appellees.

DENNIS, Justice.

This is an appeal by the state from a district court's declaration that a law is unconstitutional. La.Const.1974, Art. V, § 5(D). Defendants were charged with taking oysters in the waters of the state in an area which had not been designated by the Wildlife & Fisheries Commission as an oyster seed ground (an area from which oysters may be taken during open season). La.R.S. 56:424 (West 1987). Defendants moved to quash the bills of information...

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