
    199 So.2d 914
    STATE of Louisiana v. George L. BURTON.
    No. 48756.
    June 5, 1967.
   In re: State of Louisiana applying for writ of certiorari.

Writ refused. The showing made does not warrant the exercise of our supervisory jurisdiction.

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

SANDERS, J.,

concurs in refusal of writ. The state’s remedy is hy appeal. A ruling that a defendant is incapable of standing trial is a final judgment as to that issue. See State v. Hebert, 187 La. 318, 174 So. 369. Therefore, the state is entitled to an appeal. See Reporter’s Comments, Art. 648, C.Cr.P. and Op.Atty.Gen. 1942-1944, p. 249.  