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367 So. 2d 317

State v. Nelson

Supreme Court of Louisiana

Decided January 29, 1979

Supreme Court of Louisiana · decided 1979-01-29

Cited by 3 later decisions — most recently December 1996

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1979-01-29

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DIXON, Justice

¶1(dissenting).

¶2I respectfully dissent.

¶3The conviction of a crime in a trial at which no evidence of an essential element of the offense is adduced denies the defendant due process of law, and violates both the United States and the State Constitutions. Such constitutional violation is reviewable in a post conviction proceeding.

¶4We have the record before us, and it reveals an absence of evidence that the defendant impersonated a police officer in order to gain any privilege or advantage.

¶5Instead of affirming the conviction, we should treat this application as one for post conviction remedy, and reverse the conviction.

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