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STATE EX REL. WAGGONER v. COZART

No. 41122.

64 So.2d 424 (1953)

222 La. 1039

STATE ex rel. WAGGONER v. COZART, Superintendent of Louisiana State Penitentiary. In re MINARD, Dist. Atty., et al.

Supreme Court of Louisiana.

March 23, 1953.

Attorney(s) appearing for the Case

Fred S. LeBlanc, Atty. Gen., W. C. Perrault, First Asst. Atty. Gen., W. D. Atkins, M. E. Culligan, Asst. Attys. Gen., Fred Fudickar, Jr., Dist. Atty., 4th Judicial Dist., Ouachita Parish, Monroe, Cameron C. Minard, Dist. Atty., 28th Judicial Dist., Caldwell Parish, Columbia, for relators.

Leon A. Picou, Jr., St. Francisville, for respondent.

MOISE, Justice.

Relators' application for writs of certiorari, mandamus and prohibition having been granted, there is now before us for review the record in this case upon which the judgment of the district court releasing defendant from the custody of the State Penitentiary is based. The questions for our consideration are clearly set out by counsel for the State as follows:

"1. Whether Colquitt S. Waggoner, sometimes...

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