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STATE v. ROBICHEAUX

No. 81-KA-0192.

412 So.2d 1313 (1982)

STATE of Louisiana v. Reginald ROBICHEAUX and Jerome Powell, Jr.

Supreme Court of Louisiana.

Dissenting Opinion April 16, 1982.

Rehearing Denied May 14, 1982.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Louise Korns, Richard Petre, Jr., and William R. Campbell, Jr., Asst. Dist. Attys., for plaintiff-appellee.

Charles L. Elloie, New Orleans, for Reginald Robicheaux.

John J. Dolan, New Orleans, for Jerome Powell, Jr.

Dissenting Opinion of Lemmon, J., April 16, 1982.

DENNIS, Justice.

On October 30, 1979, defendants Jerome Powell and Reginald Robicheaux, were jointly charged by bill of information with armed robbery. La.R.S. 14:64. Defendants' initial trial on December 18, 1979, resulted in a mistrial because of prosecutorial error during closing argument. A second jury trial was conducted on January 24, 1980, resulting in a verdict of guilty as charged against both defendants...

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