Opinion
No. 56189.
September 5, 1975. On Rehearing February 23, 1976. Rehearing Denied March 26, 1976.
Appeal from 10th Judicial District Court, Parish of Red River; W. Peyton Cunningham, Jr., Judge.
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Walter L. Smith, Jr., L. J. Hymel, Jr., Asst. Attys. Gen., Ronald C. Martin, Dist. Atty., John S. Stephens, Asst. Dist. Atty., for plaintiff-appellant.
C. R. Whitehead, Jr., Whitehead McCoy, Natchitoches, for defendant-appellee.
Defendant Ella Faye Bonner was indicted for bribery of voters in violation of La.R.S. 14:119. For the reasons assigned in State v. Newton, La., 328 So.2d 110, decided this day, the trial court's action in declaring the statute constitutionally infirm and its action in quashing the indictment is hereby affirmed.
SANDERS, C. J., and SUMMERS and MARCUS, JJ., dissent.
ON REHEARING
For the reasons assigned in State of Louisiana v. Newton, La., 328 So.2d 110, decided this day, the judgment of the district court is reversed; the motion to quash the indictment is overruled; and the case is remanded to the district court for further proceedings consistent with the views therein expressed.
TATE, DIXON and CALOGERO, JJ., dissent.
DENNIS, J., concurs for the reasons stated in State v. Newton, La., 328 So.2d 110, decided this day.