
    STATE of Louisiana v. Joseph SMITH.
    No. 55811.
    Supreme Court of Louisiana.
    Feb. 14, 1975.
   In re: Harry F. Connick, District Attorney, Parish of Orleans applying for writ of certiorari.

Granted. The ruling of the trial judge is reversed. The finding at the initial preliminary hearing is not “res judicata” as to a subsequently filed bill of information. See La.C.Cr.P. arts. 296 (cf. official revision comment (c) ) and 386. Our ruling is without prejudice to the defendant’s right to a new preliminary examination.

SUMMERS, J.,

in my view this adjudication should be based upon a hearing at which all parties are given an opportunity to be heard. These in chamber proceedings deny an essential aspect of due process; such an order also demeans the integrity and authority of the trial judge.  