Opinion
No. 58962.
January 14, 1977.
IN RE: STATE OF LOUISIANA APPLYING FOR WRITS OF CERTIORARI, PROHIBITION AND MANDAMUS.
Writ refused. The ruling of the judge of the lower court that a prosecution for violation of an ordinance in the Parish Court must be instituted by affidavit is correct. See LSA-C.Cr.P. arts. 382, 385.
TATE and MARCUS, JJ., are of the belief the writ should be granted.
DIXON, J., is of the opinion the trial court was in error, and that District Attorney may prosecute by information, but that no objection was made by defendant, and the matter is de minimis.