STATE v. BALLARD

No. 56472.

321 So.2d 318 (1975)

STATE of Louisiana v. Barry BALLARD.

Supreme Court of Louisiana.

November 3, 1975.


Attorney(s) appearing for the Case

Crawford A. Rose, Jr., Rayville, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., J. Carl Parkerson, Dist. Atty., John R. Harrison, Asst. Dist. Atty., for plaintiff-appellee.


PER CURIAM.

While an appeal from his conviction for second degree murder was pending in this court, the defendant filed a motion for a new trial in the trial court on the basis of newly discovered evidence. C.Cr.P. 851(3). He requested that we remand this case to the trial court for disposition of the motion for new trial, in accordance with C.Cr.P. 853:

"When the motion for a new trial is based on ground (3) of Article 851, the motion ma" be filed within...

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