STATE v. CLARK

No. 66573.

387 So.2d 1124 (1980)

STATE of Louisiana v. Colin CLARK.

Supreme Court of Louisiana.

Dissenting Opinion July 30, 1980.

Rehearing Denied September 12, 1980.

Concurring in Part and Dissenting Opinion November 4, 1980.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Ossie Brown, Dist. Atty., Kay Kirkpatrick, Asst. Dist. Atty., for plaintiff-appellee.

M. Michelle Fournet, Asst. Public Defender, J. J. McKenzie, Baton Rouge, for defendant-appellant.


Concurring in Part and Dissenting Opinion November 4, 1980. See 389 So.2d 1335.

MARCUS, Justice.

Colin Clark was indicted by the grand jury for the first degree murder of Fred Schmidt on July 15, 1978, in violation of La.R.S. 14:30. After trial by jury, defendant was found guilty as charged. A sentencing hearing was conducted before the same jury that determined the issue of guilt. The matter was submitted on the evidence...

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