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STATE v. CARITE

No. 46613.

155 So.2d 21 (1963)

244 La. 928

STATE of Louisiana v. Jules CARITE.

Supreme Court of Louisiana.

June 28, 1963.

Attorney(s) appearing for the Case

Sam Monk Zelden, Max Zelden, Bruce J. Borrello, New Orleans, for defendant-appellant.

Jack P. F. Gremillion, Atty. Gen., M. E. Culligan, Asst. Atty. Gen., Jim Garrison, Dist. Atty., Louise Korns, Asst. Dist. Atty., for appellee.

SUMMERS, Justice.

Jules Carite was charged in a bill of information with possession of two marijuana cigarettes. (LSA-R.S. 40:962). He pleaded not guilty, was tried, convicted, and sentenced to six years at hard labor. This appeal followed.

During the closing argument to the jury the assistant district attorney, as attorney for the State, said:

"Because the defendant has not been convicted before does not mean it's the first time he was arrested or...

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