Cited by
Opinions in Louisiana that cite State v. Masino, 38 So. 2d 622.
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State of Louisiana v. Merlin P. Dejean
La. Ct. App. 4th Cir. 2024
at p. 5, 131 So.3d at 431 ( So.2d 622, 623 (1949); and then citing State v. Rivers, 2005-1121, pp. 5-6 (La.
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State Of Louisiana v. Jeffery Floyd Baham
La. Ct. App. 1st Cir. 2022
2d 720, 722 ( 1971); 38 So.
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State Of Louisiana v. Qwandarious Rowe
La. Ct. App. 1st Cir. 2021
2d at 411, - 49, 38 K So.
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State of Louisiana v. Dwayne Griffin
La. Ct. App. 4th Cir. 2019
145, (1971); (1949) (“the fact that defendants may have a good defense is not sufficient grounds to quash the indictment”).
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State of Louisiana v. Colleen Brown
La. Ct. App. 4th Cir. 2019
This assertion constitutes a factual defense on the merits and was, thus, not a proper ground for a motion to quash.12 10 See also State v. Byrd, 96-2302 (La.3/13/98), (1949) (holding that “[t]he fact that the defendants may have a good defense is not sufficient grounds to quash the indictment”); State v. Marcelin, 13-0893, p. 8 (La.
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State v. Trepagnier
154 So. 3d 670
La. Ct. App. 1st Cir. 2014
See State v. Byrd, 96-2302 (La.3/13/98), ; , (1949) (holding that "[t]he fact that the defendants may have a good defense is not sufficient grounds to quash the indictment"); State v. Marcelin, 13-0893, p. 8 (La.App.
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State v. Landry
144 So. 3d 1078
La. Ct. App. 1st Cir. 2014
145 , (1971); , (1949) (“the fact that defendants may have a good defense is not sufficient grounds to quash the indictment”).
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State v. Major
140 So. 3d 174
La. Ct. App. 1st Cir. 2014
145 , (1971); , (1949)(“the fact that defendants may have a good defense is not sufficient grounds to quash the indictment”).
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State v. Godchaux
132 So. 3d 1263
La. Ct. App. 1st Cir. 2014
State v. Byrd, 96-2302, p. (La.3/13/98), ; , (1949) ("the fact that defendants may have a good defense is not sufficient grounds to quash the indictment”).
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State v. Childs
133 So. 3d 104
La. Ct. App. 1st Cir. 2014
145 , (1971); , (1949) (“the fact that defendants may have a good defense is not sufficient grounds to quash the indictment”).
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State v. Marcelin
131 So. 3d 427
La. Ct. App. 4th Cir. 2013
(1949); State v. Rivers, 05-1121, pp. 5-6 (La.App.
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State v. Reyer
129 So. 3d 752
La. Ct. App. 1st Cir. 2013
145 , (1971); , (1949) (“the fact that defendants may have a good defense is not sufficient grounds to quash the indictment”).
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State v. Hall
127 So. 3d 30
La. Ct. App. 1st Cir. 2013
145 , (1971); , (1949) (“the fact that defendants may | iahave a good defense is not sufficient grounds to quash the indictment”).
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State v. Franklin
126 So. 3d 663
La. Ct. App. 4th Cir. 2013
(1949); State v. Rivers, 05-1121, pp. 5-6 (La.App.
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State v. Brooks
124 So. 3d 1129
La. Ct. App. 1st Cir. 2013
145 , (1971); , (1949) (“the fact that defendants may have a good defense is not sufficient grounds to quash the indictment”).
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State v. Guillott
155 So. 3d 551
La. Ct. App. 1st Cir. 2013
145 , (1971); , (1949) (“the fact that defendants may have a good defense is not sufficient grounds to quash the indictment”).
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State v. Major
108 So. 3d 288
La. Ct. App. 1st Cir. 2013
145 , (1971); , (1949) (“the fact that defendants may have a good defense is not sufficient grounds to quash the indictment”).
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State v. Schmolke
108 So. 3d 296
La. Ct. App. 1st Cir. 2013
And it may well be that Mr. Schmolke has a good defense on the merits, but the fact that a defendant “may have a good defense is not sufficient grounds to quash the indictment.”
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State v. Brumfield
104 So. 3d 701
La. Ct. App. 4th Cir. 2012
145 , (1971); , (1949) (“the fact that defendants may have a good defense is not sufficient grounds to quash the indictment”).
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State v. Carter
88 So. 3d 1181
La. Ct. App. 1st Cir. 2012
145 , (1971); , (1949) (“the fact that defendants may have a good defense is not sufficient grounds to quash the indictment”).
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State v. Fox
43 So. 3d 318
La. Ct. App. 1st Cir. 2010
145 , (1971); , (1949) (“the fact that defendants may have a good defense is not sufficient grounds to quash the indictment”).
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State v. Brown
966 So. 2d 1138
La. Ct. App. 3d Cir. 2007
145 , (1971); , (1949) ("the fact that defendants *1148 may have a good defense is not sufficient grounds to quash the indictment").
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State of Louisiana v. Robert Wayne Brown
La. Ct. App. 3d Cir. 2007
145, (1971); (1949) (“the fact that defendants may have a good defense is not sufficient grounds to quash the indictment”).
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State v. Rivers
942 So. 2d 1176
La. Ct. App. 4th Cir. 2006
145 , (1971); , (1949) ("the fact that defendants may have a good defense is not sufficient grounds to quash the indictment").
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State v. Byrd
923 So. 2d 682
La. Ct. App. 1st Cir. 2005
However, the Louisiana Supreme Court, , (1949), broadly interpreted the motion to quash to afford relief where insufficiency of the charge was brought out in the bill of particulars.
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State v. Odom
861 So. 2d 187
La. Ct. App. 1st Cir. 2003
However, the Louisiana Supreme Court, , (1949), broadly interpreted the motion to quash to afford relief where insufficiency of the charge was brought out in the bill of particulars.
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State v. Gardner
844 So. 2d 1097
La. Ct. App. 3d Cir. 2003
299 , [(1948)], , [(1949)], State v. Holmes, 223 La.
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State v. Byrd
708 So. 2d 401
La. 1998
145 , (1971); , (1949) ("the fact that defendants may have a good defense is not sufficient grounds to quash the indictment").
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State v. Larsen
489 So. 2d 324
La. Ct. App. 1st Cir. 1986
299 , (1948); , (1949); State v. Leming, 217 La.
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State v. Souby
332 So. 2d 253
La. 1976
299 , 34 So.2d *256 785 (1948); , (1949).
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State v. Edwards
287 So. 2d 518
La. 1973
877 , (1969); , (1949); State v. Bessar, 213 La.
- State v. Edgecombe 275 So. 2d 740 La. 1973
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State v. Gerstenberger
255 So. 2d 720
La. 1971
State v. Conega, 121 La.
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State v. Heymann
235 So. 2d 78
La. 1970
877 , ; , ; State v. Bessar, 213 La.
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State v. Mann
202 So. 2d 259
La. 1967
299 , , , , State v. Holmes, 223 La.
- State v. Hunter 195 So. 2d 273 La. 1967
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State v. Atkins
181 So. 2d 779
La. 1966
299 , , , , State v. Peterson, 232 La.
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State v. Perkins
178 So. 2d 255
La. 1965
299 , ; , ; State v. Kershaw, 234 La.
- State v. Smart 170 So. 2d 365 La. 1964
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State v. Garrison
154 So. 2d 400
La. 1963
Odgers on Libel and Slander, 2d Ed., § 183, p. 216; Newell on Slander and Libel, 4th Ed., § 345, p. 385.” , , we held that evidence may be taken on a Motion to Quash an indictment, but evidence is limited to procedural matters and may not include a defense on the merits.
- State v. Holmes 65 So. 2d 890 La. 1953
- State v. Towns 62 So. 2d 634 La. 1952
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State v. Leming
46 So. 2d 262
La. 1950
410 ], 24 So.2d page 670; State v. Masino [ ], 38 So.2d page 622.