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STATE v. LONG

No. 95-KK-0538.

654 So.2d 694 (1995)

STATE of Louisiana v. Donald LONG, Jr.

Supreme Court of Louisiana.

May 19, 1995.

Denied.

CALOGERO, C.J., concurs and assigns reasons. Whether the law has placed on the defendant an affirmative duty he cannot perform because of the administrative policies of the Department of Corrections is a defense on the merits properly asserted at trial, La. R.S. 14:18(5), and not by a motion to quash. State v. Marse, 365 So.2d 1319 (La.1978).

KIMBALL and JOHNSON, JJ., would grant the writ.

VICTORY...

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