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STATE v. MILLER

No. 58036.

338 So.2d 678 (1976)

STATE of Louisiana v. Charles Thomas MILLER.

Supreme Court of Louisiana.

Rehearing Denied November 5, 1976.

Attorney(s) appearing for the Case

Jerry A. Kirby, 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.

SUMMERS, Justice.

The question on this appeal is whether the trial judge erred in refusing to charge the jury on the law relating to the defense of justification as contained in Articles 18(6), 19 and 20 of the Criminal Code, particularly Articles 18(6) and 19. These articles provide:

"The fact that an offender's conduct is justifiable, although otherwise criminal, shall constitute a defense to prosecution for any crime based on that conduct. This defense...

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