State v. Savoie

368 So. 2d 1095, 1979 La. LEXIS 6194

Opinions

PER CURIAM.

Affirmed.

TATE, J., concurs.

There is some evidence of gross negligence. Insofar as the appellant urges that an unconstitutional presumption of negligence (by reason of statutory violation) was used against him, Hammontree v. Phelps, 462 F.Supp. 366 (W.D.La.1978), the issue is not before us because the judge was not required to instruct himself as to the law, and the record affords us no basis for review of this issue.

CALOGERO, J., dissents and assigns reasons.