
    STATE of Louisiana ex rel. Eugene GIBSON v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary.
    No. 54283.
    Supreme Court of Louisiana.
    Feb. 15, 1974.
   In re: Eugene Gibson, applying for Remedial Writs.

Writ denied. Considering the sworn statements of accused of September 6, 1962 attached to return of the Respondent and filed in this Court we find no merit in petitioner’s application.

BARHAM, J.,

is of the opinion an evi-dentiary hearing must be had to determine the double jeopardy issue. The majority here considers matters not of record, and not made part of application to reject writ. These ex parte matters cannot be considered. Relator is entitled to confront the witnesses under his allegations. Double jeopardy can only be determined after a factual hearing.

DIXON, J.,

is of the opinion that the La. post conviction relief statutes require an evidentiary hearing.  