The judge maintained the defendant's demurrer, quashed the indictment and dismissed the prosecution; whereupon the state appealed, and this court reversed the judgment, overruled the defendant's demurrer and ordered the case remanded to the district court for further proceedings. State v. Savoy, 204 La. 99, 14 So.2d 924. Thereafter the defendant filed in the district court a plea of prescription of one year, contending that the averment in the indictment which was intended to negative prescription was so worded that it had no effect.
HAMITER, Justice. For the reasons assigned in 204 La. 99, 14 So.2d 924, which was today decided, the judgment appealed from is reversed and set aside, defendant's demurrer is now overruled, and the case is remanded for further proceedings according to law. HIGGINS, J., concurs in part and dissents in part and assigns reasons.