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STATE v. MANCHESTER

No. 86-KK-1396.

500 So.2d 401 (1987)

STATE of Louisiana v. Valerie MANCHESTER.

Supreme Court of Louisiana.

Dissenting Opinion January 14, 1987.

Rehearing Denied February 12, 1987.

Attorney(s) appearing for the Case

Calvin Johnson, Evangeline G. Abriel, Terrille Boykin, Supervising Attys., Loyola Law School Clinic, for applicant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Michael McMahon, Gerry Deegan, Asst. Dist. Attys., for respondent.

WATSON, Justice.

Defendant's writ application1 was granted to consider whether LSA-C.Cr.P. art. 583,2 enacted after State v. Montgomery,3 mandates a second trial within one year from a fugitive's arrest when there has been an escape from jail prior to a new trial being ordered.

FACTS

The murder was committed on February 24, 1975, and Manchester was indicted...

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