State v. Truett

On Rehearing

SIMON, Justice.

This case is before us on a rehearing granted the appellant, State of Louisiana, for a review of the majority opinion wherein we affirmed the lower court’s judgment sustaining defendant’s plea of prescription to a bill of information charging him with possession of narcotics in violation of LSA-R.S. 40:962.

The bill of information was filed on August 9, 1951. On April 30, 1952, defendant was arraigned and pleaded “Not guilty”. On May 19, 1952, the defendant moved for and obtained the permission of the court to withdraw his plea of “Not guilty”, and in lieu thereof…