STATE v. PAYTON

No. 62388.

361 So.2d 866 (1978)

STATE of Louisiana v. Aaron PAYTON and Byron G. Coulon.

Supreme Court of Louisiana.

On Rehearing August 18, 1978.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara A. Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Louise S. Korns, Thomas Chester, Dennis J. Waldron, Asst. Dist. Attys., for plaintiff-appellant.

Jay C. Zainey, New Orleans, for Aaron M. Payton.

John Wilson Reed, New Orleans, for Byron Coulon.


DENNIS, Justice.

The ultimate issue raised in this review of criminal pre-trial proceedings is whether the merger of the existing capital murder sentence procedure, La. R.S. 14:30, La. C.Cr.P. art. 905 et seq., and the new second degree murder statute, La. R.S. 14:30.1(B), deprives a defendant of his right to a fair trial or exposes him to cruel and unusual punishment. The trial court refused to sustain defendant Byron Coulon's motion to quash but granted partial...

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