STATE v. BENOIT

No. 40186.

53 So.2d 404 (1951)

219 La. 536

STATE v. BENOIT.

Supreme Court of Louisiana.

Rehearing Denied May 28, 1951.


Attorney(s) appearing for the Case

Aaron & Everett, Crowley, Jones, Kimball & Everett, Lake Charles, for defendant-appellant.

Bolivar E. Kemp, Jr., Atty. Gen., M. E. Culligan, Asst. Atty. Gen., Richard J. Putnam, Dist. Atty., Abbeville, J. Lyle DeBellevue, First Asst. Dist. Atty., Crowley, for appellee.


PONDER, Justice.

The defendant was tried and convicted for negligent homicide. He was sentenced to serve a term of four and one-half years in the penitentiary. He has appealed from the conviction and sentence.

Counsel for the defendant is urging three grounds why the conviction and sentence should be set aside. His first contention, raised initially in this Court, is that the minutes of the lower court do not affirmatively show that the accused was present...

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