STATE v. SMITH

No. 52866.

268 So.2d 255 (1972)

263 La. 359

STATE of Louisiana v. Basil M. SMITH, Jr.

Supreme Court of Louisiana.

October 26, 1972.


Writ granted: Since the record does not show that a bill of information or indictment has been filed, La.C.Cr.P. art. 384, the trial court is ordered to conduct a hearing upon applicant's petition for habeas corpus.

BARHAM, J., dissents from the refusal to grant the writ and discharge the defendant and assigns reasons.

DIXON, J., is of the opinion the writ should be granted without hearing.

BARHAM, Justice, is of the opinion that this writ should be...

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