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STATE v. MESHELL

No. 57287.

332 So.2d 767 (1976)

STATE of Louisiana, Appellee, v. William Wayne MESHELL, Appellant.

Supreme Court of Louisiana.

Rehearing Denied June 18, 1976.

Attorney(s) appearing for the Case

James B. O'Neill, Zwolle, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., James Lynn Davis, Dist. Atty., for plaintiff-appellee.

TATE, Justice.

The defendant Meshell was convicted of aggravated battery. La.R.S. 14:34, and sentenced to seven years at hard labor. Upon his appeal, we find merit in his Assignment of Error No. 2, and therefore reverse.

Assignment of Error No. 2:

The offense charged is that Meshell, age 22, beat his three-month-old baby with a strap. The defense did not deny that the child was beaten; the defense was that Meshell's wife, not he, had beaten...

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