Great American Insurance Co. v. St. James Parish Sheriff's Office

BOUTALL, Judge.

This is an appeal from an order to the St. James Parish Sheriff to return twenty-four typewriters seized as evidence in a pending criminal proceeding. The typewriters were the property of Sears, whose insurer, Great American Insurance Company, seeks their return in order to sell them and reduce its losses. The property was seized in December, 1980, but the individual charged with “receiving stolen things” has not been brought to trial. The Sheriff took a sus-pensive appeal from the court order to return the property.

The issue before this court is whether the trial judge acted…