
    STATE of Louisiana ex rel. Ronald Ray WEATHERS v. Ross MAGGIO, Warden, Louisiana State Penitentiary.
    No. 57788.
    Supreme Court of Louisiana.
    April 23, 1976.
   In re: Ronald Ray Weathers applying for Writs of Habeas Corpus, Certiorari, Prohibition and Mandamus, 304 So.2d 662.

Writ denied. The ruling of the trial court is correct.

DIXON, J.,

dissents from the refusal. The applicant complains of ineffective assistance of counsel. The trial court did not rule on this contention. We cannot rule on it. There has been no evidentiary hearing and applicant has an absolute right to a judicial determination of the validity of his complaint of constitutional infirmity of his conviction.

CALOGERO, J.,

dissents. Applicant is entitled to an evidentiary hearing and a finding by the trial judge on his habeas contentions.

DENNIS, J., is of the view that an evi-dentiary hearing should be granted.  