State v. Smith

SANDRA CABRINA JENKINS, Judge.

pThe State appeals the trial court’s judgment granting Laderika Smith’s motion to quash the indictment charging her with the second degree murder of her five-year old daughter, B.S.,1 in violation of La. *1229R.S. 14:30.1(A)(2). The second degree murder indictment was based on allegations that defendant committed the predicate felony of cruelty to juveniles, by neglect and lack of supervision, in violation of La. R.S. 14:93. In her motion to quash, defendant argued that, as a matter of law, the allegations contained in the indictment and bill of particulars cannot…