STATE v. RANDOLPH

No. 53025.

275 So.2d 174 (1973)

STATE of Louisiana, Appellee, v. Joseph M. RANDOLPH, Appellant.

Supreme Court of Louisiana.

Dissenting Opinion April 6, 1973.


Attorney(s) appearing for the Case

Woodson T. Callihan, Public Defender, for appellant.

William J. Guste, Jr., Atty. Gen., LeRoy A. Hartley, Sp. Asst. Atty. Gen., Ossie B. Brown, Dist. Atty., Ralph L. Roy, Asst. Dist. Atty., for appellee.


TATE, Justice.

The defendant Randolph, 52 years of age, was convicted of armed robbery and sentenced to five years in the state penitentiary without benefit of parole, probation, or suspension of sentence (the minimum sentence permissible for conviction of this offense, La.R.S. 14:64). On his appeal, he relies upon two bills of exceptions.

Bill No. 1 urges that the trial court committed error in not ordering a new trial, in the face of substantial newly discovered...

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