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STATE v. JACKSON

No. 04-KA-306.

882 So.2d 613 (2004)

STATE of Louisiana v. Benjamin JACKSON.

Court of Appeal of Louisiana, Fifth Circuit.

August 31, 2004.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Anne Wallis (Appellate Counsel), Churita Hansell, Jacqueline Maloney (Trial Counsel), Assistant District Attorneys, Gretna, LA, for Plaintiff/Appellant, State of Louisiana.

F. Evans Schmidt, New Orleans, LA, for Defendant/Appellee, Benjamin Jackson.

Panel composed of Judges JAMES L. CANNELLA, SUSAN M. CHEHARDY, and JAMES C. GULOTTA, Pro Tempore.

SUSAN M. CHEHARDY, Judge.

This appeal presents a novel issue: Whether a district judge correctly quashed an indictment because the defendant was a juvenile not subject to district court jurisdiction during part of the stated date range for occurrence of the offense. The State has appealed, asserting the district court erred in refusing to allow the State to amend the indictment to limit the date range to a period after the defendant was old enough to be subject to...

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