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STATE v. BUTLER

No. 56385.

322 So.2d 189 (1975)

STATE of Louisiana, Appellee, v. Robert Emmitt BUTLER, Appellant.

Supreme Court of Louisiana.

Dissenting Opinion November 24, 1975.

Attorney(s) appearing for the Case

Murphy W. Bell, Director, R. Judge Eames, Trial Atty., Roland T. Huson, III, Appellate Counsel, Baton Rouge, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Ossie B. Brown, Dist. Atty., David M. Miller, Asst. Dist. Atty., for plaintiff-appellee.

TATE, Justice.

Based on a 1972 offense, the defendant was convicted of attempted murder, La.R. S. 14:27, La.R.S. 14:30(1) (1950), and sentenced to ten years imprisonment at hard labor. On his appeal, he makes twentythree assignments of error. For reasons to be assigned, we find three of them have merit and, accordingly, reverse.

The context facts show:

The defendant Butler and the female victim had been living...

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