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263 La. 799

Stewart v. Henderson

Supreme Court of Louisiana

Decided December 5, 1972

Supreme Court of Louisiana · decided 1972-12-05

Decided 1972-12-05

¶1Application 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.

BARHAM, J.,

¶2concurs. 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.

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