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STATE v. HAYES

No. 56814.

326 So.2d 500 (1976)

STATE of Louisiana v. Milo HAYES.

Supreme Court of Louisiana.

Concurring Opinion February 20, 1976.

Attorney(s) appearing for the Case

Fred C. Jackson, St. Francisville, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Ralph E. Tyson, Asst. Attys. Gen., Richard Kilbourne, Dist. Atty., Ad Hoc, for plaintiff-appellee.

CALOGERO, Justice.

In 1963 the defendant, Milo Hayes, along with three other inmates of the Louisiana State Penitentiary were charged with the crime of aggravated crime against nature allegedly perpetrated against another inmate. After a trial by jury the defendants were all convicted of simple crime against nature. No appeal was perfected from this conviction. In June of 1975 the defendant Hayes, following a habeas corpus hearing in the district court, was granted...

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