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STATE v. CURRY

No. 51690.

270 So.2d 484 (1972)

263 La. 997

STATE of Louisiana v. James Charles CURRY.

Supreme Court of Louisiana.

Dissenting Opinion July 6, 1972.

On Rehearing December 20, 1972.

Attorney(s) appearing for the Case

F. Pierre Livaudais, Marian M. Livaudais, Covington, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Warren Mouledoux, Asst. Atty. Gen., LeRoy A. Hartley, Sp. Asst. Atty. Gen., Woodrow W. Erwin, Dist. Atty., Julian J. Rodrigue, Asst. Dist. Atty., for plaintiff-appellee.

SUMMERS, Justice.

James Charles Curry was indicted by the grand jury of St. Tammany Parish for the murder of Mildred Acosta. He pled not guilty, was tried, convicted and sentenced to death. His appeal presents three principal contentions. La.R.S. 14:30.

I.

A bill of exceptions was reserved to the denial of a defense motion to quash the indictment on the allegation that the death penalty was unconstitutional...

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