STEWART v. HENDERSON

No. 52997.

269 So.2d 248 (1972)

263 La. 799

W. B. STEWART v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary.

Supreme Court of Louisiana.

December 5, 1972.


Application is denied; the sentence is not illegal; the reference to Angola (if in fact there were such reference) is mere surplusage and R.S. 15:824 places applicant in custody of the La. Dept. of Corrections.

BARHAM, J., concurs. The showing here does not warrant a finding of an illegal sentence. However, I am of the opinion that upon a proper showing, a sentence which commits a defendant to a particular state institution rather than to the Louisiana Department...

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