Granted. The judgments of the lower courts are set aside. The case is remanded to the trial court for an evidentiary hearing on whether the period of limitation was interrupted.
DIXON, C.J., and CALOGERO, J., would grant the writ.
DENNIS, J., would grant to consider whether there is evidence in the record to support a conclusion that prescription was interrupted because the defendant's presence for trial could not be obtained by legal process. See C.Cr.P. Art. 579.