STATE v. KENNING

No. 90-CA-60.

563 So.2d 1209 (1990)

STATE of Louisiana v. Christopher V. KENNING.

Court of Appeal of Louisiana, Fifth Circuit.

As Modified on Limited Grant of Rehearing July 24, 1990.


Attorney(s) appearing for the Case

John M. Mamoulides, Dist. Atty., Eric Honig, Dorothy A. Pendergast, Asst. Dist. Attys., Louise Korns, of counsel, Office of the Dist. Atty., Gretna, for plaintiff-appellee.

Graymond F. Martin, Smith-Martin, New Orleans, for surety/appellant American Bankers Ins. Co.

Before KLIEBERT, GRISBAUM and WICKER, JJ.


KLIEBERT, Judge.

This is a commercial surety's appeal of a trial court judgment refusing to annul a judgment based on a bond forfeiture. For the following reasons, we annul and set aside the judgment and remand the case for an evidentiary hearing.

The defendant, Christopher Kenning, was charged by bill of information with possession of LSD with intent to distribute, in violation of LSA-R.S. 40:966. After defendant's arrest, American Bankers Insurance Company...

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