
    STATE ex rel. Frank HARVEY v. Chester C. BAUDOIN, Sheriff of St. Mary Parish.
    No. 54519.
    Supreme Court of Louisiana.
    April 5, 1974.
   In re: Frank Harvey applying for Writ of Habeas Corpus.

Writ refused. The showing made is insufficient to warrant the exercise of our jurisdiction.

BARHAM, J.,

is of the opinion the writ should be granted. The trial court has denied defendant-relator a preliminary examination under his “discretion” which actually is a simple finding that a bill of information has been filed. If “discretion” is the standard for granting a preliminary examination, it is abused here. However, “discretion” may not be the standard. See Pugh v. Rainwater, 5 Cir. 1973, 483 F.2d 778.

TATE, J., is of the opinion the writ should be granted.  