
    263 La. 246
    STATE of Louisiana ex rel. Joseph A. BROWN and William H. Matthews v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary.
    No. 52929.
    Supreme Court of Louisiana.
    Nov. 6, 1972.
   In re: Joseph A. Brown and William H. Matthews applying for writs of certiorari and habeas corpus.

Application denied. The showing made does not warrant the exercise of our original or supervisory jurisdiction.

BARHAM, J., is of the opinion the writ should be granted.

DIXON, J.,

dissents from the refusal. As long as La. law requires a hearing unless the application clearly shows applicant is not entitled to it (C.Cr.P. 354), I must dissent. This defendant alleges inadequate appointed counsel. No bills of exceptions were perfected by counsel, and we refused on appeal to rule upon them, thus effectively denying the defendant’s right of appeal.

TATE, J., joins in Dixon, J.’s dissent.  