STATE v. ROSS

No. 55050.

304 So.2d 354 (1974)

STATE of Louisiana v. William ROSS.

Supreme Court of Louisiana.

December 2, 1974.


Attorney(s) appearing for the Case

Samuel P. Love, Sr., Love, Rigby, Dehan & Love, Shreveport, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John A. Richardson, Dist. Atty., Albert S. Lutz, Jr., Asst. Dist. Atty., for plaintiff-appellee.


MARCUS, Justice.

After a jury returned a verdict of guilty to the charge of second degree murder, La.R.S. 14:30.1, as amended by act 111 of 1973, defendant sought to arrest the judgment on two grounds:

a. The statute under which defendant was charged is unconstitutional in that it violates the provisions of Article V, Section 10, of the Louisiana Constitution of 1921, as amended, in that it is a legislative encroachment on the constitutional powers of the...

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