STATE v. POLK

No. 64804.

371 So.2d 837 (1979)

STATE of Louisiana v. Robin Brett POLK.

Supreme Court of Louisiana.

June 5, 1979.


Writ granted. The cause is remanded to the trial court with direction to hold an evidentiary hearing to determine whether vel non the victim of the alleged kidnapping was released under such circumstances as would invoke the noncapital limitation of R.S. 14:44.

If the trial court finds that the capital penalty cannot be imposed under the terms of the statute, it is directed to admit the defendant to bail in such amount as it deems sufficient.

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