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STATE EX REL. SIMMONS v. HENDERSON

No. 56897.

320 So.2d 916 (1975)

STATE of Louisiana ex rel. Andrew SIMMONS v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary.

Supreme Court of Louisiana.

October 24, 1975.

Writ denied in part and granted in part. Evidentiary hearing ordered relative to double jeopardy issue. See State ex rel. Wikberg v. Henderson, La., 292 So.2d 505.

SUMMERS, J., is of the opinion the writ should be denied. Although the issue of double jeopardy is mentioned tangentially in the application, it is not assigned as error. Moreover, even if assigned, the application does not support the contention that double jeopardy...

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