STATE v. LABAT

No. 41718.

75 So.2d 333 (1954)

226 La. 201

STATE of Louisiana v. Edgar LABAT and Clifton Alton Poret.

Supreme Court of Louisiana.

Rehearing Denied October 5, 1954.


Attorney(s) appearing for the Case

G. W. Gill, Mark W. Sackett, Rudolph F. Becker, Jr., New Orleans, for appellants.

Fred S. LeBlanc, Atty. Gen., M. E. Culligan, Asst. Atty. Gen., Severn T. Darden, Dist. Atty., Herbert J. Garon, Asst. Dist. Atty., George J. Gulotta, Executive Assistant Dist. Atty., New Orleans, for appellee.


HAWTHORNE, Justice.

The defendants Edgar Labat and Clifton Alton Poret, charged in a bill of indictment with the crime of aggravated rape denounced by Article 42 of the Louisiana Criminal Code, R.S. 14:42, were tried, adjudged guilty, and sentenced to death. From their convictions and sentences they have appealed.

In the early hours of the morning of November 12, 1950, while the prosecuting witness and her escort, Robert Penedo, both white persons, were walking...

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