
    STATE of Louisiana v. Marion M. VACCARI.
    No. 63831.
    Supreme Court of Louisiana.
    Jan. 26, 1979.
   In re: Marion M. Vaccari applying for Writs of Certiorari and Review and for a Stay Order (Jefferson Parish).

Writ granted. The bail of $100,000 previously fixed by the trial is reinstated, without prejudice to the right of State to move to revoke bond if the conditions required by La.C.Cr.P. Art. 313(2) are not met. See State v. Robinson, La.1978, 360 So.2d 880.

SUMMERS, C. J., and DIXON, J.,

are of the opinion that the trial judge was authorized to cancel relator’s bond after grand jury indictment and it was thereafter incumbent on defendant to move for and sustain the burden that the proof of guilt was not evident or the presumption was not great that relator was guilty of the capital offense. See La.Code Crim.Proc. Art. 313.

DENNIS, J.,

concurs in the writ grant. Heretofore, a majority of this court has held that bail fixed in a capital case as a result of a pre-indictment hearing is not invalidated, ipso facto, by a subsequent grand jury indictment. See State v. Robinson, La.1978, 360 So.2d 880. Accordingly, the defendant, who is not required to reapply for bail under La.C.Cr.P., Art. 313, is not required to show that she is entitled to bail. The burden should now be on the State to show that bail should be cancelled.  