STATE v. HERMAN

No. 55132.

304 So.2d 322 (1974)

STATE of Louisiana v. Johnny Ray HERMAN.

Supreme Court of Louisiana.

Rehearing Denied January 17, 1975.


Attorney(s) appearing for the Case

Ferdinand J. Kleppner, Grisbaum & Kleppner, Metairie, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., Ronald P. Loumiet, Asst. Dist. Atty., Abbott J. Reeves, Special Asst. Dist. Atty., for plaintiff-appellee.


DIXON, Justice.

Johnny Ray Herman and Warren Henry were tried together for violating R.S. 14:65 (simple robbery). The jury returned a verdict of guilty as to Johnny Ray Herman but acquitted Warren Henry. At the trial three bills of exceptions were reserved and these form the basis of this appeal. We find merit in appellant's third bill of exceptions and reverse.

The record shows: at about 10:00 A.M. on May 11, 1973 a lone man entered Donewar's Superette located...

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