STATE v. FORREST

No. 60314.

356 So.2d 945 (1978)

STATE of Louisiana, Appellee, v. James Huntley FORREST, Appellant.

Supreme Court of Louisiana.

Rehearing Denied April 6, 1978.

Dissenting Opinion April 11, 1978.


Attorney(s) appearing for the Case

James E. Boren, Boren & Holthaus, Baton Rouge, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Leonard E. Yokum, Dist. Atty., Joseph H. Simpson, Asst. Dist. Atty., for plaintiff-appellee.


TATE, Justice.

The defendant was convicted of first degree murder, La.R.S. 14:30 (1973). He appeals that conviction and the ensuing death sentence. We affirm the conviction, but vacate the sentence and remand the case to the trial court for resentencing.

The defendant's appeal presents fourteen assignments of error. The most serious issue is raised by Assignments 1 and 10. By them, it is argued that, under the statutes applicable at the time of the 1976 offense...

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