STATE EX REL. JOSEPH v. HENDERSON

No. 52875.

267 So.2d 726 (1972)

263 La. 232

STATE of Louisiana ex rel. Roy P. JOSEPH v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, et al.

Supreme Court of Louisiana.

October 26, 1972.


Writ denied: Contentions 3, 4, 5 were not raised in the trial court and will not be considered by this Court. On the basis of the evidentiary hearing, we are unable to say that the petitioner proved allegations of dereliction on the part of his retained counsel, nor is any need shown for a trial transcript by the allegations or evidence.

BARHAM, J., is of the opinion the relator should be granted an out of time appeal.

DIXON, J., is of the opinion relator...

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