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STATE v. SMITH

No. 91 KA 0212.

597 So.2d 1151 (1992)

STATE of Louisiana v. Ralph SMITH.

Court of Appeal of Louisiana, First Circuit.

Stay Order Denied; Writ Denied May 22, 1992.

Attorney(s) appearing for the Case

William R. Campbell, Jr., New Orleans, for appellant.

Marion B. Farmer, Covington, for appellee.

Before WATKINS, CARTER and FOIL, JJ.

CARTER, Judge.

Ralph Smith was charged by bill of information with eight counts of perjury, violations of LSA-R.S. 14:123. Defendant filed a motion to quash the prosecution on the ground that LSA-R.S. 14:123 is preempted by LSA-R.S. 33:2502 and 33:2507, which provide that the crimes allegedly committed are misdemeanors. The trial court granted defendant's motion, and the state followed with this appeal.

The bill of information alleges that, on February 13...

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