STATE v. MARTIN

No. 59283.

351 So.2d 92 (1977)

STATE of Louisiana, Appellee, v. James MARTIN, Appellant.

Supreme Court of Louisiana.

October 10, 1977.


Attorney(s) appearing for the Case

L. Howard McCurdy, Orleans Indigent Defender Program, New Orleans, for defendant-appellant.

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


TATE, Justice.

The defendant was convicted of simple burglary, La.R.S. 14:62, and sentenced, as a multiple offender, La.R.S. 15:529.1, to eighteen years at hard labor. The accused's conviction and sentence must be reversed on appeal, however, because there is merit to his assignment of error number 1.

By this assignment, the accused complains of the trial court's failure to grant his request that the jury be instructed that a responsive verdict to the crime...

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