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STATE v. BLACKWELL

No. 53405.

298 So.2d 798 (1973)

STATE of Louisiana v. Felton BLACKWELL.

Supreme Court of Louisiana.

On Rehearing June 10, 1974.

Rehearing Denied August 30, 1974.

Attorney(s) appearing for the Case

Robert L. Cole, Lafayette, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, LeRoy A. Hartley, Asst. Attys. Gen., J. Nathan Stansbury, Dist. Atty., Byron P. Legendre, Ronald E. Dauterive, Asst. Dist. Attys., for plaintiff-appellee.

Robert Glass, Jack E. Yelverton, Executive Director, La. Dist. Attys. Assn., for amicus curiae.

BARHAM, Justice.

Defendant was tried and convicted of armed robbery in violation of R.S. 14:64. He was sentenced to thirty years in the state penitentiary without benefit of probation, parole or suspension of sentence. In this appeal he relies on two bills. We consider only Bill of Exceptions No. 2 since it presents reversible error.

That bill was reserved when the trial judge refused to instruct the jury on the penalty provision of the armed robbery

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