dissents from the refusal. As long as La. law requires a hearing unless the application clearly shows applicant is not entitled to it (C.Cr.P. 354), I must dissent. This defendant alleges inadequate appointed counsel. No bills of exceptions were perfected by counsel, and we refused on appeal to rule upon them, thus effectively denying the defendant’s right of appeal.
TATE, J., joins in Dixon, J.’s dissent.