STATE v. LEE

No. 56244.

331 So.2d 455 (1975)

STATE of Louisiana, Appellee, v. Sammy K. LEE, Appellant.

Supreme Court of Louisiana.

Dissenting Opinion November 24, 1975.

On Rehearing March 29, 1976.

Dissenting Opinion April 19, 1976.

Dissenting Opinion On Rehearing May 17, 1976.


Attorney(s) appearing for the Case

James A. Hobbs, Jones, Blackwell, Chambliss, Hobbs & Henry, West Monroe, 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.


TATE, Justice.

The defendant Lee was convicted of second degree murder, La.R.S. 14:30.1 (1973), and sentenced to life imprisonment at hard labor. We must reverse. We find that the trial court erred in refusing to receive testimony as to the decedent's dangerous character in support of the accused's plea of self-defense, after the defendant had laid the requisite foundation by producing appreciable evidence that the decedent had made a hostile overt act against the...

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