392 U.S. 655 (1968), 932, Henry v. Louisiana

Docket Nº:No. 932.
Citation:392 U.S. 655, 88 S.Ct. 2274, 20 L.Ed.2d 1343
Party Name:Percy HENRY v. LOUISIANA. October Term, 1967.
Case Date:June 17, 1968
Court:United States Supreme Court

Page 655

392 U.S. 655 (1968)

88 S.Ct. 2274, 20 L.Ed.2d 1343

Percy HENRY

v.

LOUISIANA.

October Term, 1967.

No. 932.

United States Supreme Court.

June 17, 1968

Appeal from the Supreme Court of Louisiana.

Facts and opinion, 250 La. 682, 198 So.2d 889.

COUNSEL

Thomas Barr III, for appellant.

Jack P. F. Gremillion, Atty. Gen. of Louisiana, and William P. Schuler, Second Asst. Atty. Gen., for appellee.

OPINION

PER CURIAM.

The motion to dismiss is granted and the appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, certiorari is granted and [88 S.Ct. 2275] the judgment is reversed. Redrup v. State of New York, 386 U.S. 767, 87 S.Ct. 1414, 18 L.Ed.2d 515.

Mr. Justice HARLAN would affirm the judgment of the state court upon the premises stated in his separate opinion in Roth v. United States, 354 U.S. 476, 496, 77 S.Ct. 1304, 1 L.Ed.2d 1498, and in his dissenting opinion in A Book Named 'John Cleland's Memoirs of a Woman of Pleasure' v. Attorney General of Com. of Massachusetts, 383 U.S. 413, 455, 86 S.Ct. 975, 16 L.Ed.2d 1.

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