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STATE v. GARNER

No. 44643.

115 So.2d 855 (1959)

238 La. 563

STATE of Louisiana v. Robert GARNER.

Supreme Court of Louisiana.

Rehearing Denied December 14, 1959.

Attorney(s) appearing for the Case

Jack P. F. Gremillion, Atty. Gen., M. E. Culligan, Asst. Atty. Gen., Richard A. Dowling, Dist. Atty., Benjamin E. Smith, Asst. Dist. Atty., New Orleans, for appellant.

Sam Monk Zelden, Frank Shea, New Orleans, for appellee.

HAMLIN, Justice.

Robert Garner was charged by bill of indictment1 with the unlawful killing (a violation of LSA-R.S. 14:31—Manslaughter) of George Carson, alias Junior Carson, on December 6, 1958. In answer to defendant's motion for a bill of particulars, the State asserted:

"The District Attorney intends to pursue on the trial of this matter the law contained in Section 31, Title 14, subsection 2(a) thereof and that the...

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