State v. Kyzar

In re: Fred Lamar Kyzar, applying for writs of certiorari, prohibition, mandamus and for a stay order. Parish of St. Mary. Writ granted in part: Since the State has not borne its pre-indictment burden of showing that the proof is evident and presumptions great that the accused is guilty of first degree murder, a non-bailable capi-tel offense. The case is remanded for the trial court to fix bail. SUMMERS, J., dissents. There is no showing of abuse of discretion by the Trial Judge.