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STATE EX REL. ELAIRE v. BLACKBURN

No. 81-KH-2629.

424 So.2d 246 (1982)

STATE ex rel. Alex ELAIRE v. Frank C. BLACKBURN, Warden.

Supreme Court of Louisiana.

Rehearing Denied December 17, 1982.

Attorney(s) appearing for the Case

Paul B. Deal, New Orleans, for relator.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Eddie Knoll, Dist. Atty., Cliffe LaBorde, III, Asst. Dist. Atty., for respondent.

LEMMON, Justice.

The principal issue in this matter is whether relator was validly convicted of attempted second degree murder under the pertinent statutes which at the time of the offense defined second degree murder only as an unintentional killing committed in the course of certain enumerated felonies.1 Because the trial court's denial of relator's postconviction application was contrary to our decision in State v. Booker,

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