STATE v. RUSH

No. 60124.

352 So.2d 1282 (1977)

STATE of Louisiana v. Doris RUSH.

Supreme Court of Louisiana.

December 16, 1977.


Attorney(s) appearing for the Case

DeWitt T. Methvin, Jr., Gist, Methvin & Trimble, Alexandria, for defendant-relator.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Alfred R. Ryder, Dist. Atty., Terry J. Johnson, Asst. Dist. Atty., for plaintiff-respondent.


PER CURIAM.

Defendant was convicted of simple criminal damage to property, La.R.S. 14:56. Finding no evidence of criminal damage to property, we conclude that the trial judge erred in denying defendant's motion for a judgment of acquittal.

Accordingly, the conviction and sentence are reversed and the defendant discharged.

* * *

SUMMERS, J., dissents.

In my view there is "some" evidence to sustain the conviction—the only issue...

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