State v. Burton

Supreme Court of Louisiana

Decided June 5, 1967

Supreme Court of Louisiana · decided 1967-06-05

Cited by 2 later decisions — most recently August 1973

2 state decisions

Relies on State v. Hebert

Good law ✅— No negative treatment on recordhow we know

Decided 1967-06-05

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¶1In re: State of Louisiana applying for writ of certiorari.

¶2 *893Writ refused. The showing made does not warrant the exercise of our supervisory jurisdiction.

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

¶3concurs in refusal of writ. The state’s remedy is hy appeal. A ruling that a defendant is incapable of standing trial is a final judgment as to that issue. See State v. Hebert, 187 La. 318, 174 So. 369. Therefore, the state is entitled to an appeal. See Reporter’s Comments, Art. 648, C.Cr.P. and Op.Atty.Gen. 1942-1944, p. 249.