Supreme Court of Louisiana, 1974

State v. Alexis

State v. Alexis
Supreme Court of Louisiana · Decided November 15, 1974 · Summers
302 So. 2d 615; 1974 La. LEXIS 4171 (Southern Reporter, Second Series)

State v. Alexis

Opinion of the Court

In re: Elijah Alexis applying for writs of certiorari, prohibition, mandamus and habeas corpus.

Application granted; the bail hearing is ordered reopened; R.S. 14:30 is the only capital murder. Absent proof of first degree murder as provided in Art. 313, C.Cr. P. Applicant is entitled to bail.

Concurring Opinion

SUMMERS, J.,

concurs. There is no evidence in the hearing record that this applicant had a specific intent to kill or inflict great bodily harm and was engaged in perpetration of aggravated kidnapping, aggravated rape or armed robbery; or that he had a specific intent to kill or inflict great bodily harm upon a fireman or a peace officer who were engaged in the performance of their duties or to inflict great bodily harm as a second offender or upon more than one person or was a β€œhit” man. La.R.S. 14:30.

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