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STATE v. REFUGE

No. 51905.

270 So.2d 842 (1972)

264 La. 135

STATE of Louisiana, Appellee, v. James REFUGE, Appellant.

Supreme Court of Louisiana.

December 11, 1972.

Attorney(s) appearing for the Case

Walter E. Doane, Orleans Indigent Defender Program, New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Harry H. Howard, Asst. Atty. Gen., Jim Garrison, Dist. Atty., Louise Korns, Asst. Dist. Atty., for plaintiff-appellee.

TATE, Justice.

The defendant Refuge appeals his conviction of murder, La.R.S. 14:30, and sentence to death.

After this appeal was taken, the United States Supreme Court decided Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), which holds that the imposition of the death penalty under statutes similar to Louisiana's constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments...

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