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STATE v. LOWE

No. 50933.

249 So.2d 116 (1971)

258 La. 1020

STATE of Louisiana v. Harwood Eugene LOWE.

Supreme Court of Louisiana.

June 7, 1971.

Attorney(s) appearing for the Case

Airhart & Copenhaver, Harris D. Copenhaver, Jr., Baton Rouge, for defendant-appellant.

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

McCALEB, Chief Justice.

Harwood Eugene Lowe was convicted of armed robbery and sentenced to serve twenty-five years at hard labor in the State Penitentiary. On this appeal he relies on a single bill of exceptions which was reserved when the trial court overruled his motion for a new trial based on the allegation of newly discovered evidence.1

Article 851 of the Code of Criminal Procedure provides for the granting of a new trial...

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