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STATE v. BERRY

No. 66060.

391 So.2d 406 (1980)

STATE of Louisiana v. Benjamin A. BERRY.

Supreme Court of Louisiana.

On Rehearing November 26, 1980.

Dissenting Opinion December 19, 1980.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., Abbott J. Reeves, Patrick C. Leitz, Asst. Dist. Attys., Gretna, for plaintiff-appellee.

Fred A. Blanche, III, Baton Rouge, for defendant-appellant.

Richard Shapiro, New Orleans, for amicus curiae-Southern Prisoners Defense Committee.

CALOGERO, Justice.*

Benjamin A. Berry was charged by grand jury indictment with the crime of first degree murder, in violation of R.S. 14:30. Following the trial, the twelve member jury returned a unanimous verdict of guilty as charged. Thereafter, the second phase of the bifurcated trial was held to determine whether the death penalty should be imposed. The jury unanimously recommended the death sentence. Defendant appeals on the basis...

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