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STATE EX REL. SMITH v. PHELPS

No. 58457.

345 So.2d 446 (1977)

STATE of Louisiana ex rel. Simon SMITH, Jr. v. C. Paul PHELPS, Warden, Louisiana State Penitentiary.

Supreme Court of Louisiana.

Rehearing Denied May 13, 1977.

Attorney(s) appearing for the Case

Robert Glass, New Orleans, for plaintiff-relator.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Don K. Carroll, Dist. Atty., S. E. Lee, Jr., Asst. Dist. Atty., for defendant-respondent.

SUMMERS, Justice.

Simon Smith, Jr., was charged on June 2, 1973 by affidavit in the Mayor's Court of the town of Winnsboro in Franklin Parish with aggravated assault, displaying dangerous weapons in a public place and disturbing the peace. The Winnsboro ordinances upon which these charges are based provide in pertinent part as follows:

"Article 5. Assault: "The attempt to commit a battery, or the intentional...

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