State v. Bradford

HAWTHORNE, Justice (dissenting).

In the instant case the court has sustained a plea of prescription to the prosecution of the defendant, and dismissed the charges against him prior to his trial on the merits, and in doing so, in my opinion, has committed error. Under the past jurisprudence of this court it has been its policy to refuse to consider such a plea prior to trial of the case on the merits. A defendant in such a case has a remedy by appeal in the event of conviction. See Marr’s Crim.Jur., sec. 483, p. 739; State ex rel. Crozier v. Judge, 49 La.Ann. 1451, 22 So. 421; State ex rel.…