Supreme Court of Louisiana, 1972

State ex rel. Locascio v. Henderson

State ex rel. Locascio v. Henderson
Supreme Court of Louisiana · Decided June 20, 1972 · Barham
262 La. 305; 263 So. 2d 45; 1972 La. LEXIS 5018

State ex rel. Locascio v. Henderson

Opinion of the Court

BARHAM, J.,

is of the opinion the writ should be granted. Neither the release of the prisoner on the Governor’s “communitative probation” nor his return by executive order are provided for in law. See R.S. ' 15:572 et seq. as amended by Acts 1968 No. 186. The record does not reflect that the trial judge had knowledge of “parole violation” in order to determine if new sentences should be concurrent or consecutive.

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