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STATE v. HEARD

No. 52107.

256 So.2d 446 (1972)

260 La. 468

STATE of Louisiana v. Alton E. HEARD.

Supreme Court of Louisiana.

January 27, 1972.

Writ denied. The showing made does not warrant the exercise of this Court's supervisory jurisdiction.

BARHAM, J., concurs. Ashe v. Swenson 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed.2d 469, can only be applied under a plea of double jeopardy and collateral estoppel under 5th Amendment U. S. Constitution upon an attempt to prosecute for a second offense under identical facts when the issue in dispute or defense (identity, alibi, etc.) is the...

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