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STATE v. DUHON

No. 57141.

332 So.2d 245 (1976)

STATE of Louisiana v. Mike DUHON.

Supreme Court of Louisiana.

Dissenting Opinion May 14, 1976.

Attorney(s) appearing for the Case

Scotty G. Rozas, Lake Charles, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Frank T. Salter, Jr., Dist. Atty., Adam L. Ortego, Jr., Asst. Dist. Atty., for plaintiff-appellee.

Dissenting Opinion of Summers, J., May 14, 1976.

DIXON, Justice.

The defendant, Mike Duhon, was charged jointly with one Joseph Clark by bill of information with the crime of armed robbery in violation of R.S. 14:64. On the day of the trial, with the prospective jurors already in the courtroom, the State orally moved to sever the case and try only Duhon at that time. The defendant was then convicted and subsequently sentenced to twenty years imprisonment....

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