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STATE v. BABIN

No. 54608.

319 So.2d 367 (1975)

STATE of Louisiana, Appellee, v. Lawrence "Red" BABIN, Appellant.

Supreme Court of Louisiana.

On Rehearing July 25, 1975.

Rehearing Denied September 5, 1975.

Dissenting Opinion July 30, 1975.

Dissenting Opinion October 10, 1975.

Attorney(s) appearing for the Case

Bertrand DeBlanc, Lafayette, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., J. Nathan Stansbury, Dist. Atty., Ronald E. Dauterive, Asst. Dist. Atty., for plaintiff-appellee.

TATE, Justice.

The defendant Babin was convicted of armed robbery, La.R.S. 14:64, and sentenced to twenty-five years at hard labor. On his appeal, he relies upon three bills of exceptions.

I

By motion to quash, La.C.Cr.P. art. 532(1), the indictment is attacked as charging an offense made punishable by an unconstitutional statute. (Bill No. 1.)

The defendant contends that the armed robbery statute...

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