State v. Sinclair, 268 So. 2d 514

PER CURIAM.

Defendant, Billy Wayne Sinclair, was convicted of murder, and the death sentence imposed was affirmed by this Court. 258 La. 84, 245 So.2d 365 (1971).

Citing Stewart v. Massachusetts, 408 U. S. 845, 92 S.Ct. 2845, 33 L.Ed.2d 744 (1972), following Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), the United States Supreme Court vacated the judgment herein insofar as it left undisturbed the death penalty imposed and remanded this case to this Court for further-proceedings. 408 U.S. 939, 92 S.Ct. 2871, 33 L.Ed.2d 760 (1972).

We construe the Mandate of the United. States Supreme Court to require the imposition of a sentence other than death. Cf., State v. Shaffer, 260 La. 605, 257 So.2d. 121 (1971) and State v. Duplessis, 260 La. 644, 257 So.2d 135 (1971).

Accordingly, in compliance with the Mandate of the United States Supreme Court, the death sentence imposed upon defendant is annulled and set aside, and the caséis remanded to the 19th Judicial District Court with instructions to the trial judge to sentence the defendant to life imprisonment.

Case remanded.

Case Details

Case Name: State v. Sinclair

Court Name: Supreme Court of Louisiana

Date Published: Oct 26, 1972

Citations: 268 So. 2d 514; 263 La. 377; 1972 La. LEXIS 5344; 50645

Docket Number: 50645

Court Abbreviation: La.