State v. Swain

DIXON, Justice.

On June 28, 1973 defendant while operating a vehicle within the city limits of Baton Rouge, Louisiana was arrested by a State trooper for driving while intoxicated. R.S. 14:98. At trial the defendant objected to the arresting officer testifying arguing that the State must establish the authority of the trooper to make the arrest before he could testify. The trial court sustained the objection finding that the trooper did not have authority to arrest the defendant. The State sought writs to review that ruling. We granted certiorari. *496R.S. 40:1379 provides in pertinent part:

“Police…