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STATE v. MILBY

No. 58688.

345 So.2d 18 (1977)

STATE of Louisiana, Appellee, v. Billy Ray MILBY, Appellant.

Supreme Court of Louisiana.

Rehearing Denied May 13, 1977.

Attorney(s) appearing for the Case

Thomas W. Davenport, Jr., Davenport, Files, Kelly & Marsh, Monroe, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., J. Carl Parkerson, Dist. Atty., John R. Harrison, Asst. Dist. Atty., for plaintiff-appellee.

TATE, Justice.

The defendant Milby was convicted of second-degree murder, La.R.S. 14:30.1 (1975), and sentenced to life imprisonment. He appeals, urging seven assignments of error.

The defendant Milby shot the victim Demoss in a barroom and then beat his wife, Mrs. Milby (who was with Demoss), with a shotgun. The victim and the defendant's wife had in the past lived together.

At the trial, the chief defenses...

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