No. 61961 Precedential Vacated Processed

State v. Anderson

Louisiana Supreme Court · Filed November 13, 1978 · 364 So. 2d 566

The holding in the court’s own words

Accordingly, we hold that the judgment of conviction against George McClow is vacated and all proceedings in the prosecution against him are abated ab initio.

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Quoted verbatim from the opinion — no paraphrase, nothing generated. Not yet human-reviewed. How we find the holding.

Cited by

State of Louisiana v. Terry Lemaire La. Ct. App. 3d Cir. 2022
State of Louisiana v. Robert Lee Sargent La. Ct. App. 3d Cir. 2021
State of Louisiana v. Ronald Gene McLain La. Ct. App. 3d Cir. 2021
State of Louisiana v. Michael Reado, Sr. La. Ct. App. 3d Cir. 2014
State v. Reado 139 So. 3d 637 La. Ct. App. 1st Cir. 2014
State of Louisiana v. James Bowden La. Ct. App. 3d Cir. 2013
State v. Bowden 106 So. 3d 308 La. Ct. App. 1st Cir. 2013
State v. Harvey 644 So. 2d 371 La. 1994
State Ex Rel. Richey v. Butler 572 So. 2d 1043 La. 1991
State v. Burge 486 So. 2d 855 La. Ct. App. 1st Cir. 1986
State v. Strong 463 So. 2d 830 La. Ct. App. 2d Cir. 1985
State v. James 459 So. 2d 28 La. Ct. App. 1st Cir. 1984

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Authorities cited

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State v. Morris 328 So. 2d 65

Opinion text

PER CURIAM. Defendants West and Diana Anderson were each indicted for two counts of distribution of heroin. Defendant George McClow was indicted for a single count of distribution of heroin. On March 18, 1976, the three defendants were jointly tried before a twelve person jury which found each defendant guilty as charged. Defendants West and Diana Anderson each received two life sentences at hard labor to run concurrently. Defendant George McClow also received the mandatory sentence of life imprisonment at hard labor pursuant to La. R.S. 40:966. We are advised that defendant McClow died while the present appeal was pending. Accordingly, we hold that the judgment of conviction against George McClow is vacated and all proceedings in the prosecution against him are abated ab initio. See, State v. Morris, 328 So.2d 65 (La.1976). Defendants West and Diana Anderson rely upon four assignments of error for reversal of their convictions and sentences. We have reviewed the record and find no merit in defendants’ assignments of error. Accordingly, we affirm their convictions and sentences.