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STATE v. FRANKLIN

No. 51821.

268 So.2d 249 (1972)

263 La. 344

STATE of Louisiana v. Gary Don FRANKLIN.

Supreme Court of Louisiana.

October 26, 1972.

Attorney(s) appearing for the Case

Benjamin E. Smith, William F. Wessel, 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 Franklin was convicted of murder, La.R.S. 14:30, and sentenced to death. In his appeal to this court, he primarily relies upon an assignment of error that the death penalty is unconstitutional.

The Death Penalty

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), and related cases. Under these...

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