STATE EX REL. WIKBERG v. HENDERSON

No. 53377.

275 So.2d 865 (1973)

STATE of Louisiana ex rel. Ronald G. WIKBERG and Jackie F. Craven v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary.

Supreme Court of Louisiana.

April 19, 1973.


Writ granted. An evidentiary hearing is ordered to determine if the offense "attempted armed robbery" and the offense of "murder" arose out of a "continuous offense" or same transaction for the purpose of determining the validity of the plea of double jeopardy. See order.

SUMMERS, J., dissents from the granting of the writ. There are no factual allegations to serve as a basis for this Court's action. La.Code Crim.Proc. art. 353(3).

On considering the petition...

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