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STATE v. SMITH

No. 57934.

340 So.2d 247 (1976)

STATE of Louisiana v. Bobby R. SMITH.

Supreme Court of Louisiana.

October 14, 1976.

Attorney(s) appearing for the Case

Arthur A. Lemann, III, Supervising Atty., New Orleans, Ernest F. Teitell, Student Practitioner, Loyola Law School Clinic, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Louise Korns, Asst. Dist. Atty., for plaintiff-appellee.

SUMMERS, Justice.

Bobby R. Smith was indicted for aggravated rape committed on October 19, 1975. La.Crim.Code art. 42. After a jury trial, Smith was found guilty as charged and sentenced to death. He assigned nine errors. Only four are urged on this appeal.

Assignment 1

Defendant filed a motion to quash on December 15, 1975, alleging that the indictment failed to charge an offense punishable under...

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