No. 49293 Precedential Processed

State v. McAllister

Louisiana Supreme Court · Filed October 26, 1972 · 268 So. 2d 231

Also decided on this docket: La., January 20, 1969 218 So. 2d 305

Cited by

State v. Stevens 766 So. 2d 634 La. Ct. App. 2d Cir. 2000
State v. Ingram 688 So. 2d 657 La. Ct. App. 2d Cir. 1997
State v. Preece 270 So. 2d 850 La. 1972

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. McAllister 253 La. 382
State v. Shaffer 260 La. 605
State v. Duplessis 260 La. 644

Opinion text

PER CURIAM. Defendant, Bobby Milton McAllister, was convicted of murder, and the death sentence imposed was affirmed by this Court. 253 La. 382 , 218 So.2d 305 (1969). Citing Stewart v. Massachusetts, 408 U.S. 845 , 92 S.Ct. 2845 , 33 L.Ed.2d 744 (1972), followng Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972), the United States. Supreme Court vacated the judgment herein insofar as it left undisturbed the death penalty impqs.gd and remanded this case to this Court’ for further proceedings. 408 U.S. 934 , 92 S.Ct. 2854 , 33 L.Ed.2d 748 (1972). We construe the Mandate of the United States Supreme Court to require the imposition of a sentence other than death. Cf., State v. Shaffer, 260 La. 605 , 257 So.2d 121 (1971) and State v. Duplessis, 260 La. 644 , 257 So.2d 135 (1971). Accordingly, in compliance with the Mandate of the United States Supreme Court, the death sentence imposed upon defendant is annulled and set aside, and the case is remanded to the 21st Judicial District Court with instructions to the trial judge to sentence the defendant to life imprisonment. Case remanded.