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STATE v. CLARK

No. 45888.

140 So.2d 1 (1962)

242 La. 914

STATE of Louisiana v. Earl CLARK.

Supreme Court of Louisiana.

Rehearing Denied April 30, 1962.

Attorney(s) appearing for the Case

Luke A. Petrovich, Buras, John A. Slavich, New Orleans, for defendant-appellant.

Jack P. F. Gremillion, Atty. Gen., M. E. Culligan, Asst. Atty. Gen., Leander H. Perez, Jr. Dist. Atty., August A. Nobile, Jr., Asst. Dist. Atty., for appellee.

HAWTHORNE, Justice.

Earl Clark was charged in a bill of indictment with the crime of aggravated rape denounced by R.S. 14:42. The accused is a Negro, the prosecutrix a white woman. Clark was tried, convicted, and sentenced to death. He has appealed.

Counsel for the accused timely filed a motion to quash the indictment on the ground that it "fails to recite and state that the said defendant did `willfully, intentionally and feloniously' commit the crime therein...

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