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STATE v. BOOKER

No. 65384.

385 So.2d 1186 (1980)

STATE of Louisiana v. Sam BOOKER, Jr.

Supreme Court of Louisiana.

On Rehearing July 7, 1980.

Attorney(s) appearing for the Case

Wellborn Jack, Jr., Jack & Jack, Shreveport; Claude R. Sledge, Mansfield, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., James Lynn Davis, Dist. Atty., Herman L. Lawson, Asst. Dist. Atty., for plaintiff-appellee.

BLANCHE, Justice.

Defendant was charged by bill of information with attempted first degree murder in violation of R.S. 14:27. The jury, by a vote of 10 to 2, found defendant guilty of attempted second degree murder. R.S. 14:27. Defendant was sentenced to 36 years at hard labor.

At the end of the trial, defense counsel moved for a new trial on the basis that no evidence of one of the essential elements of second degree murder was presented to the jury. Defense...

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