State v. Square

Supreme Court of Louisiana

State v. Square

268 So. 2d 229, 263 La. 291, 1972 La. LEXIS 5335

CourtSupreme Court of Louisiana

DecidedOctober 26, 1972

Docket50412

StatusPublished

Cited by21 cases

This text of 268 So. 2d 229 (State v. Square) 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 v. Square, 268 So. 2d 229, 263 La. 291, 1972 La. LEXIS 5335 (La. 1972).

Pincite

Opinion

PER CURIAM.

Defendant, George A. Square, was convicted of murder (La.R.S. 14:30) and the death sentence imposed was affirmed by this Court. 257 La. 743, 244 So.2d 200 (1971).

Citing Stewart v. Massachusetts, 408 U.S. 845, 92 S.Ct. 2845, 33 L.Ed.2d 744 (1972), following Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), the United States Supreme Court vacated the judgment herein insofar as it left undisturbed the death penalty imposed and remanded this case to this Court for further proceedings. 408 U.S. 939, 92 S.Ct. 2871, 33 L.Ed.2d 760 (1972).

We construe the Mandate of the United States Supreme Court to require the imposition of a sentence other than death. Cf., State v. Shaffer, 260 La. 605, 257 So.2d 121 (1971) and State v. Duplessis, 260 La. 644, 257 So.2d 135 (1971).

Accordingly, in compliance with the Mandate of the United States Supreme Court, the death sentence imposed upon defendant is annulled and set aside, and the case is remanded to the 4th Judicial District Court with instructions to the trial judge to sentence the defendant to life imprisonment.

Case remanded.

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