
    STATE of Louisiana ex rel. Ronald G. WIKBERG and Jackie F. Craven v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary.
    No. 53377.
    Supreme Court of Louisiana.
    April 19, 1973.
   In re: Ronald G. Wikberg and Jackie F. Craven applying for writ of habeas corpus.

Writ granted. An evidentiary hearing is ordered to determine if the offense “attempted armed robbery” and the offense of “murder” arose out of a “continuous offense” or same transaction for the purpose of determining the validity of the plea of double jeopardy. See order.

SUMMERS, J.,

dissents from the granting of the writ. There are no factual allegations to serve as a basis for this Court’s action. La.Code Crim.Proc. art. 353(3).

On considering the petition of the rela-tors in the above entitled and numbered cause,

Ordered that the Honorable Carrol L. Spell, Judge of the Fifteenth Judicial District Court, Parish of Lafayette, hold an evidentiary hearing forthwith, to determine if the offense “attempted armed robbery” and the offense of “murder” arose out of a “continuous offense” or same transaction for the purpose of determining the validity of the plea of double jeopardy, and make a determination of the merits after the hearing.  