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SMITH v. HOWARD

No. 85-CA-0354.

489 So.2d 1037 (1986)

Mrs. Mary SMITH, et al, v. Mrs. Maggie HOWARD, et al.

Court of Appeal of Louisiana, First Circuit.

May 28, 1986.

Attorney(s) appearing for the Case

Dr. Edward A. Robinson, III, Baton Rouge, for plaintiff-appellant Mrs. Mary Smith, etc. et al.

O'Neal Walsh, Baton Rouge, for defendant-appellee Mrs. Maggie Howard, et al.

Before EDWARDS, LANIER and JOHN S. COVINGTON, JJ.

EDWARDS, Judge.

From a judgment dismissing her wrongful death action on an exception of no cause of action, plaintiff appeals. We affirm.

Plaintiff's decedent was shot and killed as he stood in front of Maggie Howard's apartment in the Oklahoma Street Housing Project in Baton Rouge. Believing he was a burglar attempting to break into her apartment, Mrs. Howard shot the deceased through the window. Plaintiff brought

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