
    STATE of Louisiana v. Terry L. DENMAN.
    No. 60049.
    Supreme Court of Louisiana.
    June 15, 1977.
   In re: Terry L. Denman, applying for writs of certiorari, prohibition and mandamus.

Writ denied in part; granted in part. Ruling of trial judge finding probable cause at preliminary examination is correct; however, trial judge is ordered to conduct a bail hearing in accordance with La.Code.Crim.P. Art. 313.

SUMMERS, J.,

while I agree that the trial judge correctly found probable cause at the preliminary examination, I dissent from the order requiring a hearing in accordance with Article 313 of the Code of Criminal Procedure in this case where applicant is charged with a capital crime. There was no abuse of discretion on the part of the trial judge in refusing bail in this case.

DIXON, J.,

would deny; on the evidence adduced at the preliminary hearing, it was within the discretion of the trial judge to deny bail, since he could reasonably find that the presumption was strong and the proof was great.  