Supreme Court of Louisiana, 1973

State ex rel. Demary v. Yelverton

State ex rel. Demary v. Yelverton
Supreme Court of Louisiana · Decided January 11, 1973 · Barham
270 So. 2d 880; 264 La. 235; 1973 La. LEXIS 5476 (Southern Reporter, Second Series)

State ex rel. Demary v. Yelverton

Opinion of the Court

In re: Absie Joseph DeMary applying for writs of certiorari, mandamus and prohibition.

Writ denied. The application is premature. Applicant has a remedy after sentence.

Concurring Opinion

■BARHAM, J.,

concurs. I note however that on the date of this offense R.S. 40:971 (c) was repealed and another numbered statute controlled the offense and the sentence. If the bill and trial were valid under the new provision the sentence must conform to that provision.

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