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STATE v. STEWART

No. 53834.

286 So.2d 95 (1973)

STATE of Louisiana v. Alton STEWART.

Supreme Court of Louisiana.

December 3, 1973.

Attorney(s) appearing for the Case

Russell E. Gahagan, Gahagan & Kelly, Natchitoches, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., LeRoy A. Hartley, Sp. Asst. Atty. Gen., Ronald C. Martin, Dist. Atty., Charles R. Whitehead, Jr., Asst. Dist. Atty., for plaintiff-appellee.

BARHAM, Justice.

Defendant was tried under an indictment charging him with murder. R.S. 14:30. Defendant was convicted of manslaughter after a trial by jury and was sentenced to serve six years in the custody of the Department of Corrections. Defendant appeals relying solely upon the allegation that the sentence failed to give credit for the time spent in custody prior to sentence under C.Cr.P. Art. 880* and that this constitutes error...

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