STATE v. FERGUSON

No. 55241.

307 So.2d 361 (1975)

STATE of Louisiana, Appellee, v. Huey FERGUSON, Jr., Appellant.

Supreme Court of Louisiana.

Rehearing Denied February 21, 1975.


Attorney(s) appearing for the Case

Taylor W. O'Hearn, Shreveport, for appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John A. Richardson, Dist. Atty., Charles R. Lindsay, Asst. Dist. Atty., for appellee.


TATE, Justice.

The defendant was convicted of armed robbery, La.R.S. 14:64, and sentenced to sixteen years at hard labor. On his appeal his single assignment of error concerns the denial of his motion for a new trial.

The motion for the new trial alleged new and material evidence discovered since the trial. La.C.Cr.P. arts. 851(3), 854. The allegation is that a named witness would testify that "at approximately the time the robbery was committed" she saw the...

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