STATE v. MALLERY

No. 62542.

364 So.2d 1283 (1978)

STATE of Louisiana v. Alvin F. MALLERY, Jr.

Supreme Court of Louisiana.

Rehearing Denied December 14, 1978.


Attorney(s) appearing for the Case

Paul A. Bonin, Garrity, Levenson & Bonin, New Orleans, for defendant-relator.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., William L. Brockman, Asst. Dist. Atty., for plaintiff-respondent.


SUMMERS, Justice.

Alvin F. Mallery was indicted by the Orleans Parish Grand Jury for the April 28, 1976 distribution of heroin, a crime punishable at that time by a statute which mandated "life imprisonment at hard labor and, in addition, [the offender] may be required to pay a fine of not more than fifteen thousand dollars." La.Rev.Stat. 40:966. See Act 207 of 1973. The penalty provision was later amended by Act 631 of 1977 to add "without benefit of probation or...

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