State ex rel. Colle v. Henderson

Supreme Court of Louisiana

State ex rel. Colle v. Henderson

266 So. 2d 449, 262 La. 1172, 1972 La. LEXIS 5250

CourtSupreme Court of Louisiana

DecidedSeptember 28, 1972

DocketNo. 52767

StatusPublished

Cited by2 cases

This text of 266 So. 2d 449 (State ex rel. Colle v. Henderson) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Colle v. Henderson, 266 So. 2d 449, 262 La. 1172, 1972 La. LEXIS 5250 (La. 1972).

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Opinion

BARHAM, J.,

is of the opinion the writ should be granted. Under Code of Crim. Procedure Article 362(6) double jeopardy may be raised at any time by writ of habeas corpus. Here, in one event, while committing armed robbery the relator killed the victim. On the same date he pleaded guilty to murder without capital and armed robbery and was sentenced to life and 15 years to run consecutively. The murder charge being entirely based on the felony murder provision of our law was founded entirely upon the armed robbery. The later plea to armed robbery constituted double jeopardy.

TATE, J., is of the opinion that the writ should be granted to examine the double jeopardy contention. DIXON, J., dissents from the refusal.

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BARHAM, J.,

is of the opinion the writ should be granted. Under Code of Crim. Procedure Article 362(6) double jeopardy may be raised at any time by writ of habeas corpus. Here, in one event, while committing armed robbery the relator killed the victim. On the same date he pleaded guilty to murder without capital and armed robbery and was sentenced to life and 15 years to run consecutively. The murder charge being entirely based on the felony murder provision of our law was founded entirely upon the armed robbery. The later plea to armed robbery constituted double jeopardy.

TATE, J., is of the opinion that the writ should be granted to examine the double jeopardy contention. DIXON, J., dissents from the refusal.

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Bluebook (online)

266 So. 2d 449, 262 La. 1172, 1972 La. LEXIS 5250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-colle-v-henderson-la-1972.

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