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STATE v. POWELL

No. 96-KD-0282.

669 So.2d 413 (1996)

STATE of Louisiana v. Aubrey POWELL.

Supreme Court of Louisiana.

March 8, 1996.

Granted. The trial court erred in reaching the constitutionality of New Orleans Municipal Code Sec. 42-96 in the context of the motion to suppress. Courts should not pass on the constitutionality of legislation unless it is essential to the decision of the case. White v. West Carroll Hosp., 613 So.2d 150 (La.1992). In the instant case, the question raised in the motion to suppress was not whether the ordinance was constitutional...

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