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STATE v. ATES

No. 81-KA-2698.

418 So.2d 1326 (1982)

STATE of Louisiana v. Roy Edward ATES.

Supreme Court of Louisiana.

Rehearing Denied September 24, 1982.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., J. Carl Parkerson, Dist. Atty., John R. Harrison, Lavalle Salomon, Bruce G. Whittaker, Asst. Dist. Attys., for plaintiff-appellee.

J. Randolph Smith, Gilmer P. Hingle, Smith & Hingle, Monroe, for defendant-appellant.

PHILIP C. CIACCIO, Justice Pro Tem.**

The defendant, Roy Edward Ates, was charged and convicted, after a jury trial, of the crime of second degree murder. R.S. 14:30.1. He has appealed relying upon 17 assignments of error.

On the night of September 29, 1980, the defendant, Roy Ates, and his wife, Katherine, were at home with their three year old son. As the defendant was handling a shotgun, it discharged, hitting his wife in the...

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