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STATE v. HAMILTON

No. 63823.

373 So.2d 179 (1979)

STATE of Louisiana v. Robert HAMILTON and Philip Franklin.

Supreme Court of Louisiana.

June 25, 1979.

Attorney(s) appearing for the Case

Loyola Law School Clinic, Kerry P. Cuccia, Supervising Atty., New Orleans, Carolyn Ingraham, James Bonfiglio, Student Practitioners, for defendants-relators.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., Harry Hardin, Jefferson Parish Dist. Atty.'s Office, Gretna, Abbott J. Reeves, Asst. Dist. Atty., for plaintiff-respondent.

DIXON, Justice.

Defendants are charged by grand jury indictment with aggravated rape, R.S. 14:42. Defendant Hamilton alone applied to this court for supervisory writs to review the ruling of the trial court finding him competent to stand trial. He urges three assignments of error.

This matter is still in its pretrial stage, but evidence adduced at a preliminary hearing on September 28, 1978 indicates that on the night of August 9, 1978 a fifteen year old girl...

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