STATE v. ERVIN

No. 58406.

340 So.2d 1379 (1976)

STATE of Louisiana v. Leonard ERVIN.

Supreme Court of Louisiana.

December 13, 1976.


Attorney(s) appearing for the Case

Jake Shapiro, Alexandria, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Edwin O. Ware, III, Dist. Atty., Jack Pierce Brook, Asst. Dist. Atty., for plaintiff-appellee.


DENNIS, Justice.

Defendant, Leonard Ervin, was tried and convicted of the offense of simple burglary, and sentenced to serve nine years at hard labor. La.R.S. 14:62. On appeal, he relies upon one assignment of error.

In the early morning hours of October 11, 1975, Susan McCullough was awakened by a noise in her house, and armed with a small caliber pistol, went to investigate. In the darkened living room, she saw a man stooped over her stereo. When she attempted...

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