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State v. Gremillion

Supreme Court of Louisiana
Dec 17, 1964
169 So. 2d 392 (La. 1964)

Opinion

No. 47557.

December 17, 1964.

IN RE: ALBERT BALLETT, JR. APPLYING FOR CERTIORARI, OR WRIT OF REVIEW, TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF CALCASIEU.


Writ refused. The showing made does not warrant the exercise of our supervisory jurisdiction.

McCALEB, J., thinks that a writ should be granted in view of the physicians' testimony that relator is not criminally insane. The finding of the trial judge that relator is a menace to society is founded on evidence that he may be potentially a menace to society. If R.S. 15:270 is thus construed, it is unconstitutional.

SANDERS, J., is of the opinion that the writ should be granted.


Summaries of

State v. Gremillion

Supreme Court of Louisiana
Dec 17, 1964
169 So. 2d 392 (La. 1964)
Case details for

State v. Gremillion

Case Details

Full title:STATE OF LOUISIANA EX REL. ALBERT BALLETT, JR. v. LIONEL GERMILLION…

Court:Supreme Court of Louisiana

Date published: Dec 17, 1964

Citations

169 So. 2d 392 (La. 1964)
247 La. 5