Opinion
No. 55514.
November 15, 1974.
IN RE: ELIJAH ALEXIS APPLYING FOR WRITS OF CERTIORARI, PROHIBITION, MANDAMUS AND HABEAS CORPUS.
Application granted; the bail hearing is ordered reopened; R.S. 14:30 is the only capital murder. Absent proof of first degree murder as provided in Art. 313, C.Cr.P. Applicant is entitled to bail.
SUMMERS, J., concurs. There is no evidence in the hearing record that this applicant had a specific intent to kill or inflict great bodily harm and was engaged in perpetration of aggravated kidnapping, aggravated rape or armed robbery; or that he had a specific intent to kill or inflict great bodily harm upon a fireman or a peace officer who were engaged in the performance of their duties or to inflict great bodily harm as a second offender or upon more than one person or was a "hit" man. La.R.S. 14:30.