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STATE v. HUGHES

No. 46500.

154 So.2d 395 (1963)

244 La. 774

STATE of Louisiana v. Roosevelt HUGHES.

Supreme Court of Louisiana.

Rehearing Denied June 28, 1963.

Attorney(s) appearing for the Case

Earl J. Amedee, New Orleans, for appellant.

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

HAWTHORNE, Justice.

Roosevelt Hughes, a Negro, aged 39, was charged in a bill of indictment with the crime of aggravated rape denounced by Article 42 of the Louisiana Criminal Code, tried, found guilty, and sentenced to death. From this conviction and sentence he has appealed.

At about 3:00 o'clock on the morning of October 17, 1961, an intruder entered the house in New Orleans where the prosecuting witness, a 19-year-old white girl, lived

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