STATE v. TOLBERT

No. 67504.

390 So.2d 510 (1980)

STATE of Louisiana v. John Paul TOLBERT.

Supreme Court of Louisiana.

November 10, 1980.


Attorney(s) appearing for the Case

Robert L. Kennedy, Thomas G. Wilson, Colfax, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Billy G. Lutes, Dist. Atty., Joseph P. Beck, II, Asst. Dist. Atty., counsel for plaintiff-appellee.


WATSON, Justice.

Defendant, John Paul Tolbert, indicted for second degree murder, was convicted of manslaughter, in violation of LSA-R.S. 14:31, by a ten to two jury vote. He was sentenced to eighteen years at hard labor and has appealed, assigning four errors in the trial court.

FACTS

On July 17, 1976, Tolbert shot and killed Hildred Phillips in a barroom known as McKinney's Cafe or Jake's Place. Richard McKinney, the proprietor of the barroom,...

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