STATE v. HEATH

No. 82 KW 0909.

427 So.2d 496 (1983)

STATE of Louisiana v. Fred Gary HEATH.

Court of Appeal of Louisiana, First Circuit.

January 28, 1983.


Attorney(s) appearing for the Case

Abbott J. Reeves, Asst. Dist. Atty., Gretna, for the State-respondent.

Michael J. Matthews, Gonzales, for defendant-relator.

Before PONDER, SAVOIE and ELLIS, JJ.


ELLIS, Judge.

On May 11, 1981, defendant Fred Gary Heath entered pleas of not guilty and not guilty by reason of insanity to a charge of second degree murder. However, the court minutes for that day showed only a plea of not guilty. On July 27, 1982, the date set for trial, when the discrepancy in the minutes was discovered, the court, on its own motion, ordered a continuance.

On August 19, 1982, the State moved ex parte for the appointment of a sanity commission...

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