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STATE v. COMEAUX

No. 52718.

277 So.2d 647 (1973)

STATE of Louisiana, Appellee, v. James COMEAUX and Donald Comeaux, Appellants.

Supreme Court of Louisiana.

May 7, 1973.

Attorney(s) appearing for the Case

White & Pitre, Marion Overton White, Joshua J. Pitre, Opelousas, for defendants-appellants.

William J. Guste, Jr., Atty. Gen., LeRoy A. Hartley, Special Asst. Atty. Gen., J. Nathan Stansbury, Dist. Atty., for plaintiff-appellee.

TATE, Justice.

The defendants were jointly tried on a charge of simple rape. La.R.S. 14:43. Upon conviction, they were sentenced to five years in the state penitentiary.

We do not find it necessary to discuss the numerous bills of exceptions reserved because we find reversal is required by patent error, i. e., error discoverable by inspection of the pleadings and proceedings and without inspection of the evidence. See La.C.Cr.P. Art. 920(2).

The two...

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