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248 La. 695

State v. Calloway

Supreme Court of Louisiana

Decided January 14, 1966

Supreme Court of Louisiana · decided 1966-01-14

Decided 1966-01-14

¶1In re: State of Louisiana applying for writs of certiorari, prohibition and mandamus.

¶2The application is denied. On the showing made we are not justified in exercising our supervisory jurisdiction; however, the State is reserved the right to submit further evidence as a predicate for the admissibility of the confession; as well as rebut any evidence offered by the defendant, and to show all the facts surrounding the giving of the confession. In the event of an adverse ruling as to the admissibility of the confession the State is reserved the right to renew its application.

HAMITER, J., is of the opinion that the relief prayed for by the State should be granted.
McCALEB, J.,

¶3concurs in the rulings, ex-

¶4cept in the reservation to the State to renew its application to this Court in the event the trial judge excludes the confession.

SUMMERS, J., is of the opinion that the writ should be granted.
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