State ex rel. Ballett v. Gremillion

Supreme Court of Louisiana December 17, 1964

State ex rel. Ballett v. Gremillion, 247 La. 6 (La. 1964)

169 So. 2d 392

Granted, McCaleb, Sanders, That, Writ

Opinion of the Court

In re: Albert Ballett, Jr. applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Cal-casieu. 168 So.2d 270.

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.

Reference

Full Case Name: STATE of Louisiana ex rel. Albert BALLETT, Jr. v. Lionel GREMILLION, Administrator, etc.
Cited By: 1 case
Status: Published