
    263 La. 799
    W. B. STEWART v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary.
    No. 52997.
    Supreme Court of Louisiana.
    Dec. 5, 1972.
   In re: W. B. Stewart applying for remedial writ and writ of habeas corpus.

Application is denied; the sentence is not illegal; the reference to Angola (if in fact there were such reference) is mere surplus-age and R.S. 15:824 places applicant in custody of the La. Dept, of Corrections.

BARHAM, J.,

concurs. The showing here does not warrant a finding of an illegal sentence. However, I am of the opinion that upon a proper showing, a sentence which commits a defendant to a particular state institution rather than to the Louisiana Department of Corrections would be illegal. A sentence must commit to that department under R.S. 15:824. That law should be followed.  