STATE v. GARNER

No. 39,731-KA.

913 So.2d 874 (2005)

STATE of Louisiana, Appellee v. Roosevelt S. GARNER, Appellant.

Court of Appeal of Louisiana, Second Circuit.

Opinion Granting Rehearing November 17, 2005.


Attorney(s) appearing for the Case

Stephen A. Glassell, Shreveport, for Appellant.

Paul J. Carmouche, District Attorney, Dale G. Cox, Eddie Brossette, Assistant District Attorneys, for Appellee.

Before STEWART, GASKINS and MOORE, JJ.


STEWART, J.

Roosevelt S. Garner, the defendant, was convicted of manslaughter. He was sentenced to 20 years at hard labor without benefit of probation, parole or suspension of sentence. Because of the improper jury instruction on the burden of proof for self defense, we reverse and remand the defendant's conviction and sentence.

FACTS

The defendant and the victim, James Marshall, engaged in a fight on May 30, 2001. It is undisputed that the defendant...

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