Granted. The ruling of the trial judge is reversed. The finding at the initial preliminary hearing is not "res judicata" as to a subsequently filed bill of information. See La.C.Cr.P. arts. 296 (cf. official revision comment (c)) and 386. Our ruling is without prejudice to the defendant's right to a new preliminary examination.
SUMMERS, J., in my view this adjudication should be based upon a hearing at which all parties are given an opportunity to be heard. These in chamber proceedings deny as essential aspect of due process; such an order also demeans the integrity and authority of the trial judge.