
    STATE of Louisiana ex rel. Coleman SMALL v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary.
    No. 55577.
    Supreme Court of Louisiana.
    Dec. 13, 1974.
   In re Coleman Small applying for Writs of Habeas Corpus, Certiorari, Prohibition and Mandamus.

Granted. Evidentiary hearing ordered. Counsel to be appointed, if indigent.

SANDERS, C. J., dissents.

SUMMERS, J., dissents from the granting of this evidentiary hearing and assigns reasons.

SUMMERS, Justice

(dissenting from the granting of an evidentiary hearing).

In my view the Court is not warranted in accepting petitioners’ uncorroborated allegations against the solemn, written waiver of constitutional rights and plea of guilty which appear in this record. The waiver was witnessed by the trial judge and defense counsel, and to now accept applicant’s allegations that the waiver and plea were involuntary and induced by abuse and threats is unrealistic.

I respectfully dissent.  