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STATE v. FRAZIER

No. 60842.

357 So.2d 522 (1978)

STATE of Louisiana, Appellee, v. Malcolm FRAZIER, Appellant.

Supreme Court of Louisiana.

April 10, 1978.

Attorney(s) appearing for the Case

M. H. Gertler, Gertler & Gertler, New Orleans, for appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., William L. Brockman, Asst. Dist. Atty., for appellee.

TATE, Justice.

The defendant was convicted of aggravated rape, La.R.S. 14:42 (1950), then a capital crime; but, due to the unconstitutionality of the death penalty provided by that statute, he received a prison sentence instead, State v. Jones, 332 So.2d 466 (La.1976).

Upon his appeal, he urges eight assignments of error. We find that none of them possess reversible merit and consequently affirm.

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