STATE v. DAY

No. 80-KA-2766.

400 So.2d 622 (1981)

STATE of Louisiana v. Lawrence E. DAY.

Supreme Court of Louisiana.

June 22, 1981.


Attorney(s) appearing for the Case

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

Jack M. Dampf, Baton Rouge, for defendant-appellant.


EDWARDS, Justice Ad Hoc.*

Lawrence E. Day, convicted by a jury of aggravated burglary and sentenced to twenty-five years imprisonment at hard labor, appeals. We reverse and remand.

Defendant was charged by bill of information with the aggravated burglary of Patricia Cox' home. The record discloses that at about 1:45 A.M. on November 11, 1978, a masked man brandishing a gun broke into the home of Patricia and Van L. Cox in the Southdowns...

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