No. 50541.

245 So.2d 327 (1971)

257 La. 1109

STATE of Louisiana, Plaintiff-Appellee, v. Lionel SMITH, Defendant-Appellant.

Supreme Court of Louisiana.

Dissenting Opinion March 8, 1971.

Rehearing Denied March 29, 1971.

Attorney(s) appearing for the Case

Rudolph F. Becker, III, 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 plaintiff-appellee.

TATE, Justice.

The bill of information jointly charged the defendant Smith and his wife, Audrey, with willful and unlawful possession and control of a narcotic drug (heroin). La. R.S. 40:962 (1951). After a motion for severance was sustained, the defendant husband was tried separately.1 Pursuant to a jury verdict of guilty, he was sentenced to ten years in the state penitentiary.

The skeleton facts show:

Smith's wife, Audrey...


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