State v. Cooper

On February 17, 1978, relator Debbie Cooper was charged by bill of information with theft, a violation of La. R.S'. 14:67. On July 22, 1980, after more than two years had elapsed without the case’s having been brought to trial, relator filed a motion to quash, asserting that prescription had run on the prosecution under Louisiana Code of Criminal Procedure Article 578.1 Based on its conclusion that the defense had filed a preliminary plea that suspended the running of the time limitation 2, the trial court denied the motion to quash. We granted writs to consider the correctness of the ruling.

W…