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State v. McAllister

Supreme Court of Louisiana
Oct 26, 1972
268 So. 2d 231 (La. 1972)

Opinion

No. 49293.

October 26, 1972.

William J. Guste, Jr., Atty. Gen., Harry H. Howard, Asst. Atty. Gen., Lee A. Hartley, Sp. Counsel, Leonard E. Yokum, Dist. Atty., for plaintiff-appellee.

Autley B. Newton, Hammond, for defendant-appellant.


Defendant, Bobby Milton McAllister, was convicted of murder, and the death sentence imposed was affirmed by this Court. 253 La. 382, 218 So.2d 305 (1969).

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. 934, 92 S.Ct. 2854, 33 L.Ed.2d 748 (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 21st Judicial District Court with instructions to the trial judge to sentence the defendant to life imprisonment.

Case remanded.


Summaries of

State v. McAllister

Supreme Court of Louisiana
Oct 26, 1972
268 So. 2d 231 (La. 1972)
Case details for

State v. McAllister

Case Details

Full title:STATE OF LOUISIANA v. BOBBY MILTON McALLISTER

Court:Supreme Court of Louisiana

Date published: Oct 26, 1972

Citations

268 So. 2d 231 (La. 1972)
268 So. 2d 231

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