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STATE v. SMITH

No. 81-K-2404.

404 So.2d 1242 (1981)

STATE of Louisiana v. Ben SMITH and Tyrone Smith.

Supreme Court of Louisiana.

September 8, 1981.

Denied.

DIXON, C. J., concurs in the denial, but if the issue is preserved for review on appeal, it will be before the Court for consideration. This denial, in itself, is not an approval of the selection of a "hanging jury" in a case that is not a genuine death case.

CALOGERO and DENNIS, JJ., would [grant the writ] and bring it before...

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