
    STATE of Louisiana ex rel. J. P. ROUYEA v. C. Murray HENDERSON.
    No. 55276.
    Supreme Court of Louisiana.
    Nov. 8, 1974.
   In re: J. P. Rouyea applying for Writ of Habeas Corpus.

Writ granted. Evidentiary hearing ordered, unless within fifteen days of date this court is furnished record evidence other than the minutes, (such as the transcribed colloquy at the time of the plea) of the free and voluntary character of the plea.

SUMMERS, J.,

is of the opinion that the minutes of this case evidence the fact that applicant was aware of the consequences of his plea, and, although an inference that the plea was free and voluntary arises from the presence of defense counsel at the plea, the record must affirmatively record that the plea was free and voluntary or that fact must be shown by other evidence. See McChesney v. Henderson, 5 Cir., 482 F.2d 1101.  