State v. Masino

[1] The State is appealing from a judgment sustaining defendants' motion to quash the indictment brought against them for "negligent homicide" under Article 32 of the Louisiana Criminal Code.

[2] The prosecution admits that this appeal presents fundamentally but one issue — "At what time was the crime committed?"

[3] The State contends that the date of the consequences of the criminal act is the date that the crime was committed. The defendants argue that the date of the commission of the criminal act is the date of the crime. The trial judge maintained the defendants' position and quashed the…