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STATE v. MOAK

No. 66112.

387 So.2d 1108 (1980)

STATE of Louisiana v. Nicky L. MOAK.

Supreme Court of Louisiana.

Concurring Opinion October 9, 1980.

Attorney(s) appearing for the Case

M. Reggie Simmons, Franklinton, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Marion B. Farmer, Dist. Atty., Herbert R. Alexander, Jr., Abbott J. Reeves, Asst. Dist. Attys., for plaintiff-appellee.

DIXON, Chief Justice.*

On July 29, 1978 at approximately 9:00 p. m., the defendant was driving within the proper lane of travel in a westerly direction on Louisiana Highway 38 in Washington Parish. As he was coming around a curve in the road, the defendant saw the bright lights of what he thought was an oncoming car in his lane of the road. Fearing a head on collision he applied his brakes and then eased his car to the right, onto what...

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