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STATE v. TYLER

No. 57703.

342 So.2d 574 (1977)

STATE of Louisiana v. Gary TYLER.

Supreme Court of Louisiana.

Rehearing Denied February 25, 1977.

Attorney(s) appearing for the Case

Jack Peebles, New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Walter L. Smith, Jr., L. J. Hymel, Jr., Thomas S. Halligan, Barbara Rutledge, Asst. Attys. Gen., Melvin P. Barre, Dist. Atty., Norman J. Pitre, Harry J. Morel, Asst. Dist. Attys., for plaintiff-appellee.

SUMMERS, Justice.

The grand jurors of St. Charles Parish returned a true bill on October 21, 1974, charging that on October 7, 1974 16-year-old Gary Tyler committed first degree murder of 14-year-old Timothy Weber in violation of Article 30 of the Criminal Code. By answer to a bill of particulars the State advised that the prosecution would be conducted under Article 30(4) of the Code, which then provided in pertinent part:

"First degree murder is the killing...

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