STATE v. GAGLIANO, 389 So.2d 721 (La. 1980)

STATE OF LOUISIANA v. PETER GAGLIANO.

No. 80-K-1850.Supreme Court of Louisiana.
October 24, 1980.

In Re: State of Louisiana through the District Attorney, Harry F. Connick applying for Writ of Certiorari, Parish of Orleans, No. 277-096, Sect. G.

[1] Denied. [2] DIXON, C.J., is the of the opinion that the District Attorney waived any complaint by suggesting the penalty which he now opposes. A declaratory action in the civil court is open to the District Attorney to contest the validity of the statute. [3] MARCUS and WATSON, J.J., would grant the writ.