Opinion
No. 61408.
January 17, 1978.
In re: State of Louisiana through District Attorney, Harry F. Connick, applying for writs of certiorari, mandamus, prohibition and stay order.
Writ denied.
SANDERS, C. J., concurs in denial. The State's remedy is to nolle prosequi the count. See L.S.A.-C.Cr.P. art. 691.
SUMMERS, J., would grant this writ. On the showing made the trial judge abused his discretion. Nevertheless, the State may nolle prosequi the count involving Watson.