STATE v. LEVI

No. 50918.

250 So.2d 751 (1971)

259 La. 591

STATE of Louisiana v. Theodore LEVI (Levy), Jr.

Supreme Court of Louisiana.

Rehearing Denied August 12, 1971.


Attorney(s) appearing for the Case

F. Louis Gonzales, Baton Rouge, for defendant-appellant.

Jack P. F. Gremillion, Atty. Gen., Harry H. Howard, Asst. Atty. Gen., Sargent Pitcher, Jr., Dist. Atty., Ralph L. Roy, Asst. Dist. Atty., for plaintiff-appellee.


SANDERS, Justice.

The State charged Theodore J. Levy, Jr., the appellant, and James Edward Williams with the robbery of W. W. Kirk while armed with a dangerous weapon, a .44 caliber revolver. Williams pleaded guilty, and the State proceeded against Levy alone.

In response to a defense motion for a bill of particulars, the State conceded that the revolver used by the defendant in the robbery was unloaded and unworkable.

After hearing the evidence, the...

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