STATE v. BYRD

No. 66767.

385 So.2d 248 (1980)

STATE of Louisiana v. Charles BYRD.

Supreme Court of Louisiana.

June 23, 1980.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Louise S. Korns, Asst. Dist. Atty., for plaintiff-appellee.

Orleans Indigent Defender Program, Robert Barnard, New Orleans, for defendant-appellant.


LEMMON, Justice.

For attempting robbery with a toy pistol defendant was convicted of attempted armed robbery and sentenced to four years at hard labor, without benefit of parole, probation or suspension of sentence. The issue on appeal is whether the toy pistol, in the manner used under the circumstances of this case, constituted a dangerous weapon within the contemplation of R.S. 14:64 and 14:2(3).

I.

The facts are undisputed. Defendant ordered...

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