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STATE v. PETERS

No. 53754.

298 So.2d 276 (1973)

STATE of Louisiana v. Sylvester PETERS.

Supreme Court of Louisiana.

On Rehearing July 1, 1974.

Dissenting Opinion on Rehearing July 29, 1974.

Attorney(s) appearing for the Case

Sydney I. Horn, Lake Charles, 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, Sylvester Peters, was tried under two bills of Information, charging him with armed robbery (LSA-R.S. 14:64) and simple kidnapping (LSA-R.S. 14:45). The defendant was convicted of both offenses, before a 12-man jury. A motion in arrest of judgment was granted as to the conviction for simple kidnapping, on the ground that the jury was improperly constituted. LSA-C.Cr.P. Art. 859(4). Defendant

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