State v. Green

The majority opinion has held, relying upon and repeating the dictum of State v. Cooley, 260 La. 768, 257 So.2d 400, that Subsection (B) of Article 487 of the Code of Criminal Procedure, added by amendment in 1970 (Act. No. 679, Sec. 1), has no meaning whatever. The holding of the majority is: “Article 487(B) serves only to clarify and give statutory dignity to a principle existing in our law prior to 1970. Hence its application aoes not violate the ex post facto clause of the constitution.”

First, as interpreted by the majority, this amendment merely provides a change in procedure, is not a…