# State v. Aucoin

> Louisiana Court of Appeal · October 10, 1984 · 457 So. 2d 885

URL: https://www.frixlaw.com/law-library/cases/7536797

## Case

- **Full name:** STATE of Louisiana v. Weldon AUCOIN
- **Court:** Louisiana Court of Appeal
- **Decided:** October 10, 1984
- **Citations:** 457 So. 2d 885; 1984 La. App. LEXIS 10286
- **Precedential status:** Published
- **Opinion:** Dissent by Knoll
- **Judges:** Foret, Knoll, Stoker
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7536797

## Opinion text

KNOLL, Judge,
dissenting.
This case falls within the exception provided in LSA-C.Cr.P. Art. 573(1). The defendant is charged with a theft from the Calcasieu Parish School Board on August 10, 1976. The record is abundantly clear that defendant was employed by the School Board when the theft occurred until he was terminated in 1983, shortly before he was charged with the theft. The majority opinion’s conclusion that the State did not carry its burden of proving the facts necessary to show that the prosecution was timely filed, failed to consider the inculpatory statements made by defendant to Mr. Barkete that defendant used his position with the School Board to requisition items.
For the foregoing reasons, I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7536797. Public record. Not legal advice.