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STATE v. LINER

No. 80-KA-2109.

406 So.2d 1312 (1981)

STATE of Louisiana v. David Jon LINER.

Supreme Court of Louisiana.

October 6, 1981.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, William B. Faust, III, James F.

McKay, Asst. Attys. Gen., for plaintiff-appellee.

Arthur A. Lemann, III, New Orleans, Allen A. McElroy, Jr., Berwick, for defendant-appellant.

For majority opinion, see 397 So.2d 506.

CALOGERO, Justice, concurring.

I agree that the trial judge did not err in denying defendant's motion for a new trial in which he alleged that the state had presented insufficient evidence to overcome his proof that he was insane at the time of the crime.

Unlike some other jurisdictions, Louisiana does not require the state to prove sanity as an element of the offense. Rather...

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