Stewart v. Henderson

Supreme Court of Louisiana
Stewart v. Henderson, 263 La. 799 (La. 1972)
269 So. 2d 248; 1972 La. LEXIS 5482
Barham

Stewart v. Henderson

Opinion of the Court

Application is denied; the sentence is not illegal; the reference to Angola (if in fact there were such reference) is mere surplus-age and R.S. IS :824 places applicant in custody of the La. Dept, of Corrections.

Concurring Opinion

BARHAM, J.,

concurs. The showing here does not warrant a finding of an illegal sentence, However, I am of the opinion that upon a proper showing, a sentence which commits a defendant to a particular state institution rather than to the Louisiana Department of Corrections would be illegal. A sentence must commit to that department under R.S. IS :824. That law should be followed.

Reference

Full Case Name
W. B. STEWART v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary
Status
Published