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361 So. 2d 886

State v. Kyzar

Supreme Court of Louisiana

Decided August 22, 1978

Supreme Court of Louisiana · decided 1978-08-22

Decided 1978-08-22

¶1In re: Fred Lamar Kyzar, applying for writs of certiorari, prohibition, mandamus and for a stay order. Parish of St. Mary.

¶2Writ granted in part: Since the State has not borne its pre-indictment burden of showing that the proof is evident and presumptions great that the accused is guilty of first degree murder, a non-bailable capi-tel offense. The case is remanded for the trial court to fix bail.

SUMMERS, J., dissents. There is no showing of abuse of discretion by the Trial Judge.
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