STATE v. SMITH

No. 81-KA-0748.

407 So.2d 652 (1981)

STATE of Louisiana v. David S. SMITH.

Supreme Court of Louisiana.

November 16, 1981.


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, Kenneth Sanders, Asst. Dist. Attys., for plaintiff-appellee.

Robert T. Garrity, Jr., and Joseph Montgomery, Metairie, of Indigent Defender Bd., for defendant-appellant.


LEAR, Justice Ad Hoc.*

Defendant David S. Smith was charged by bill of information with the crime of simple burglary, a violation of La.R.S. 14:62. On October 14 and 15, 1980, he was tried before a six person jury which found him guilty of attempted simple burglary. Defendant now appeals on the basis of six assignments of error, five of which are argued.

FACTS

According to testimony by Deputy Art Scudari, on the evening...

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