
    STATE of Louisiana v. Sylvester SMITH.
    No. 65790.
    Supreme Court of Louisiana.
    Jan. 11, 1980.
   In re Sylvester Smith, applying for writ of certiorari, prohibition, mandamus and/or review. Parish of Terrebonne. No. 81,495.

Writ denied.

DIXON, CALOGERO and DENNIS, JJ.,

would grant the writ. The mere voluntary failure of the defendant to appear at a preliminary hearing in the absence of a subpoena or court order does not waive the constitutional right to a preliminary hearing.  