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STATE v. McZEAL

No. 59072.

352 So.2d 592 (1977)

STATE of Louisiana v. Freddie J. McZEAL.

Supreme Court of Louisiana.

Dissenting Opinion July 1, 1977.

On Rehearing November 14, 1977.

Rehearing Denied December 14, 1977.

Attorney(s) appearing for the Case

Gordie R. White, Porteus R. Burke, New Iberia, for defendant-appellant.

Robert Glass, Martzell & Montero, New Orleans, for defendant-appellant on rehearing.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Knowles M. Tucker, Dist. Atty., Dracos D. Burke, Asst. Dist. Atty., for plaintiff-appellee.

E. "Pete" Adams, Executive Director, Louisiana Dist. Attys. Assn., Baton Rouge, for amicus curiae.

MARCUS, Justice.

Freddie J. McZeal was charged by the grand jury in the same indictment with separate counts of aggravated rape in violation of La.R.S. 14:42 and armed robbery in violation of La.R.S. 14:64. Defendant was tried for both offenses in a single jury trial and was found guilty as charged for each offense by a unanimous verdict. He was sentenced to death for the crime of aggravated rape and to serve ninety-nine years at hard labor without benefit of parole...

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