
    STATE of Louisiana v. Luther James BRADFORD and Robert Hayward Blumberg.
    No. 57340.
    Supreme Court of Louisiana.
    Jan. 30, 1976.
   In re Luther J. Bradford and Robert H. Blumberg, applying for writ of habeas corpus.

Writ denied.

TATE, J.,

dissents on the ground that it is fundamentally unfair for the state to secure a conviction based on the evidence which it should reasonably know is perjured. Further, allegations that an un-counselled conviction was used to impeach credibility in violation of Loper v. Beto, 405 U.S. 473, 92 S.Ct. 1014, 31 L.Ed.2d 374 (1972).

DIXON, J.,

concurs in the denial. The evidence referred to was known by the applicants to be false, was collateral to the issues and might be relevant in mitigation, but was clearly not determinative of guilt.

CALOGERO, J., would grant this writ.  