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STATE v. FOY

No. 52475.

278 So.2d 38 (1973)

STATE of Louisiana v. David Wade FOY.

Supreme Court of Louisiana.

Rehearing Denied May 29, 1973.

Attorney(s) appearing for the Case

John J. Dolan, New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., LeRoy A. Hartley, Sp. Asst. Atty. Gen., Frank T. Salter, Jr., Dist. Atty., James L. Babin, Asst. Dist. Atty., for plaintiff-appellee.

SANDERS, Chief Justice.

Defendant was convicted of murder (LSA-R.S. 14:30) and sentenced to death. He has appealed, relying upon Bills of Exceptions reserved in the trial court.

The background facts are these: On September 9, 1972, David Wade Foy, an inmate of the Louisiana Correctional Institute, escaped from a work crew near Lake Charles. He entered a residence and changed clothes. When an occupant of the residence returned, he fled, leaving his prison garb...

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