262 La. 126
STATE of Louisiana ex rel. Garnett WATSON v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary.
No. 52506.
Supreme Court of Louisiana.
May 30, 1972.
In re: Garnett Watson applying for remedial writs and writ of habeas corpus.
Writ granted. The plea of guilty waived non-jurisdictional defects in the indictment and prosecution prior thereto. Nevertheless, under the allegations, the petitioner is entitled to an evidentiary hearing as to the alleged involuntariness of the plea.
HAMLIN, J.,
dissents. The sentence was imposed prior to April 2, 1969. Cf. Halliday v. U. S., 394 U.S. 831, 89 S.Ct. 1498, 23 L.Ed.2d 16 (1969).
SUMMERS, J.,
dissents. See State v. Johnson, 260 La. 902, 257 So.2d 654 (1971) overruling State ex rel. Jackson v. Henderson, 260 La. 90, 255 So.2d 85 (1971).