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STATE v. HUDSON

No. 63450.

373 So.2d 1294 (1979)

STATE of Louisiana v. Tracy Lee HUDSON.

Supreme Court of Louisiana.

Rehearing Denied September 4, 1979.

Attorney(s) appearing for the Case

S. Patrick Phillips, Chief Asst. Indigent Defender, Indigent Defender Bd., 26th Judicial Dist., Bossier City, for defendant-relator.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Henry N. Brown, Jr., Dist. Atty., for plaintiff-respondent.

BLANCHE, Justice.

The issue presented is whether the double jeopardy clause of the Fifth Amendment precludes a second trial after a jury's guilty verdict has been set aside and a new trial ordered pursuant to LSA-C.Cr.P. art. 851 solely for lack of sufficient evidence to sustain the jury's verdict.

Petitioner, Tracy Lee Hudson, was convicted by a jury of first degree murder, LSA-R.S. 14:30, and sentenced to life imprisonment at hard labor without benefit of...

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