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STATE EX REL. POLAND v. HENDERSON

No. 56512.

315 So.2d 44 (1975)

STATE of Louisiana ex rel. John POLAND v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary.

Supreme Court of Louisiana.

July 8, 1975.

Writ denied. The issue of former jeopardy was passed on in State v. Poland, 255 La. 746, 232 So.2d 499 (1970) and will not be reconsidered.

DIXON, J., is of the opinion this writ should be granted, since the attempted murder and the murder convictions arise out of the same transaction and require the same evidence. The trial court was in error in setting aside the attempted murder conviction in October...

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