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STATE v. HOLMES

No. 52812.

269 So.2d 207 (1972)

263 La. 685

STATE of Louisiana v. Freddie HOLMES.

Supreme Court of Louisiana.

November 6, 1972.

Attorney(s) appearing for the Case

Fred A. Blanche, III, Baton Rouge, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Harry H. Howard, Asst. Atty. Gen., Sargent Pitcher, Jr., Dist. Atty., Ralph L. Roy, Asst. Dist. Atty., for plaintiff-appellee.

Louise Korns, Asst. Dist. Atty., Parish of Orleans, for amicus curiae.

DIXON, Justice.

On the application of the defendant we granted writs in this case to consider the effect of Furman v. Georgia1 upon Louisiana procedural law in a murder trial.

A bill of exceptions was reserved by defendant when the trial judge instructed a prospective juror that, since capital punishment can no longer be imposed in Louisiana, only nine of the twelve jurors need to concur to reach a verdict, and the jury would not...

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