STATE v. ELLENDER

No. 60113.

354 So.2d 500 (1978)

STATE of Louisiana, Plaintiff-Appellee, v. Gerald ELLENDER, Defendant-Appellant.

Supreme Court of Louisiana.

Rehearing Denied February 17, 1978.


Attorney(s) appearing for the Case

Joseph A. Koury, Lafayette, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Frank T. Salter, Jr., Dist. Atty., Mitchell B. Lansden, Asst. Dist. Atty., for plaintiff-appellee.


TATE, Justice.

The defendant Ellender was convicted of aggravated criminal damage to property, La.R.S. 14:55, and sentenced to ten years' imprisonment at hard labor.

We reverse. We find merit to the defendant's Assignment of Error No. 5.

This assignment complains of the denial of a new trial, sought on the basis of the state's introduction of perjured testimony greatly prejudicial to the accused in the jury's determination of his innocence or guilt...

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