STATE v. SMITH

No. 63003.

367 So.2d 857 (1979)

STATE of Louisiana v. Warren SMITH.

Supreme Court of Louisiana.

February 7, 1979.


Attorney(s) appearing for the Case

A. J. Boudreaux, Staff Appeals Counsel, 24th Judicial Dist., Indigent Defender Bd., Kenner, for defendant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., Ronald Loumiet, George Mustakas, Abbott J. Reeves, Asst. Dist. Attys., for plaintiff-appellee.


PER CURIAM.

Defendant was charged by bill of information with a simple burglary committed on October 6, 1977. La.R.S. 14:62. On November 17, 1977, he was tried before a twelve person jury, which found him guilty as charged. Thereafter, the trial court sentenced him to serve seven years at hard labor. On appeal, defendant contends that his conviction must be reversed because he was improperly tried by a twelve person jury rather than a six person jury.

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