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STATE v. BIRABENT

No. 54733.

305 So.2d 448 (1974)

STATE of Louisiana v. John Ernest BIRABENT.

Supreme Court of Louisiana.

Rehearing Denied January 17, 1975.

Attorney(s) appearing for the Case

F. Irvin Dymond, William L. Crull, III, New Orleans, for defendant-relator.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., L. H. Perez, Jr., Dist. Atty., Gilbert V. Andry, III, Asst. Dist. Atty., for plaintiff-respondent.

BARHAM, Justice.

On May 22, 1972, the grand jury of St. Bernard Parish returned an indictment charging that relator "* * * unlawfully killed Thomas Sciortino * * *." This language contained in the indictment conforms exactly to the formula set forth in La.C.Cr.P. art. 465 for charging manslaughter in a short-form indictment. However, the typed endorsement of the name of the offense on the back of the indictment form read "MURDER" and there appeared the notation, ...

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