State v. Jenkins
STATE of Louisiana v. Ezekiel "Buddy" JENKINS
Opinion of the Court
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In re: Ezekiel “Buddy” Jenkins, David Waters and William Paschal applying for Writs of Certiorari, Prohibition, Mandamus and for a Stay Order.
Granted. Hearing ordered on motion to suppress or show cause to the contrary.
Dissent
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SANDERS, C. J. & SUMMERS, J.,
dissent from the granting of a writ. Article 703, LSA-C.Cr.P., does not authorize a motion to suppress an oral inculpatory statement. The defendants are fully protected by the requirement that an eviden-tiary foundation be laid for the introduction of the oral statement before the judge and outside the presence of the jury. Hence, I would not interrupt the trial, now in progress, for a hearing on the motion to suppress.
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