STATE EX REL. BARKSDALE v. DEES

No. 49095.

211 So.2d 318 (1968)

252 La. 434

STATE of Louisiana ex rel. Bruce BARKSDALE v. H. J. DEES, Acting Warden, Louisiana State Penitentiary.

Supreme Court of Louisiana.

June 4, 1968.


Attorney(s) appearing for the Case

Jack P. F. Gremillion, Atty. Gen., William P. Schuler, Asst. Atty. Gen., Jim Garrison, Dist. Atty., Louise Korns, Asst. Dist. Atty., for relator.

Benjamin E. Smith, Smith, Scheuermann & Jones, New Orleans, for respondent.


BARHAM, Justice.

On December 20, 1967, Bruce Barksdale filed a petition for writ of habeas corpus in the Criminal District Court for the Parish of Orleans. On February 15, 1968, the district judge overruled the State's opposition, which was based upon its contention that the petition itself disclosed that Barksdale was not entitled to be set at liberty because all grounds presented in the petition either had been passed upon on the trial of the merits of the case...

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