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State v. Kyzar

Court: Supreme Court of Louisiana
Date filed: 1978-08-22
Citations: 361 So. 2d 886
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Lead Opinion

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

Writ 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.