
    257 La. 266
    STATE of Louisiana ex rel. Francis Aubrey CLIFTON v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary et al.
    No. 51038.
    Supreme Court of Louisiana.
    Jan. 5, 1971.
   In re: Francis Aubrey Clifton applying for writ of habeas corpus.

Writ denied: The showing made does not entitle relator for the relief sought either under our original or supervisory jurisdiction.

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

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

TATE, J.,

is of the opinion that North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), requires that the petitioner be allowed credit for his period of incarceration prior to the re-sentencing; therefore, hearing on the writ should be granted.  