STATE v. SMITH

No. 48949.

209 So.2d 729 (1968)

252 La. 125

STATE of Louisiana v. Earl SMITH.

Supreme Court of Louisiana.

April 29, 1968.


Attorney(s) appearing for the Case

E. A. Kunz, New Orleans, for defendant-appellant.

Jack P. F. Gremillion, Atty. Gen., William P. Schuler, Asst. Atty. Gen., Jim Garrison, Dist. Atty., Louise Korns, Asst. Dist. Atty., for appellee.


BARHAM, Justice.

The defendant, charged with simple burglary, was tried, found guilty as charged, and sentenced to 50 years in the Louisiana state penitentiary as a fourth offender. Defendant filed a motion for a new trial on the sole ground that "said verdict is contrary to the law and the evidence". On appeal he relies for reversal only upon the bill of exception reserved to the overruling of this motion.

In brief and in oral argument before this court defendant...

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