STATE v. LUCK, 346 So.2d 1104 (La. 1977)

STATE OF LOUISIANA v. JOHN T. LUCK, D/B/A TOMMY’S NEWS.

No. 59827.Supreme Court of Louisiana.
June 8, 1977.

IN RE: JOHN T. LUCK, D/B/A TOMMY’S NEWS AND SHREVEPORT NEWS AGENCY, INC. APPLYING FOR SUPERVISORY WRITS.

[1] Writ refused. There is no such irreparable injury shown as to justify the exercise of our supervisory jurisdiction: [2] DIXON, J., is of the opinion that if this is a criminal proceeding, it has abated with the death of the defendant Luck. If not, the writ should be granted. [3] CALOGERO, J., is of the opinion the writ should be granted.

West Page 1105

[4] DENNIS, J., is of the opinion that upon the death of the defendant Luck all proceedings in this prosecution abated from its inception, State v. Morris, 328 So.2d 65 (La. 1976), and that there is no authority for a third party to intervene in a criminal proceeding.