State v. Dell

SUMMERS, Justice.

Herbert J. Dell was indicted by the grand jury of East Baton Rouge Parish for armed robbery. He was tried, convicted and sentenced to fifteen years in the penitentiary without benefit of parole, probation or suspension of sentence. His appeal is based upon three grounds: The trial court refused to suppress evidence seized as a result of an arrest made without probable cause; the verdict of the jury was not unanimous; and the sentence without the benefit of parole, probation or suspension was cruel and unusual punishment.

I

On December 16, 1969 Clarence Moore was working alone…