State v. Truett

MOÍSE, Justice

(dissenting).

I cannot subscribe to the majority view that the case of State v. Bradford, 219 La. 1090, 55 So.2d 255 (on rehearing), is not controlling here, and that the mere filing of a motion for a bill of particulars in itself interrupts . the tolling of prescription provided in LSA-Revised Statute 15 :8, declaring :

“In felony cases when three years elapse from the date of finding an indictment, or filing an information * * it shall be the duty of the district attorney to enter a nolle prosequi if the accused has not been tried, and if the district attorney fail or neglect to…