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STATE v. SMITH

Nos. 56638 and 56792.

323 So.2d 797 (1975)

STATE of Louisiana v. Simon SMITH, Jr. STATE of Louisiana ex rel. Simon SMITH, Jr. v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary.

Supreme Court of Louisiana.

Dissenting Opinion December 23, 1975.

Attorney(s) appearing for the Case

Samuel T. Singer, Winnsboro, for defendant-appellant in No. 56638 and for defendant-relator in 56792.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Don K. Carroll, Dist. Atty., S. E. Lee, Jr., Asst. Dist. Atty., for plaintiff-appellee in No. 56638 and for plaintiff-respondent in 56792.

DIXON, Justice.

This is an out-of-time appeal,1 consolidated with an application for a writ of habeas corpus, from the defendant's conviction on April 8, 1974 for simple kidnapping. On June 2, 1973 the defendant allegedly forced one Shirley Ann White to accompany him from Winnsboro to Clayton by force of arms and without her consent. No bills of exceptions were taken or perfected during the trial; we are limited to a review for errors...

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