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STATE v. FRITH

No. K83-97.

436 So.2d 620 (1983)

STATE of Louisiana v. Jarrell Delano FRITH.

Court of Appeal of Louisiana, Third Circuit.

June 29, 1983.

Attorney(s) appearing for the Case

Paul J. deMahy, St. Martinville, for defendant-relator.

Bernard E. Boudeaux, Dist. Atty., and J. Phil Haney, Asst. Dist. Atty., St. Martin Parish, St. Martinville, for plaintiff-respondent.

Before FORET, CUTRER and LABORDE, JJ.

FORET, Judge.

Jarrell Delano Frith (defendant) was indicted on September 17, 1980, for three counts of attempted aggravated rape of his six-year-old niece1. Upon motion of the State, the counts were severed and the indictment amended to charge defendant with one count of attempted aggravated rape alleged to have occurred in October of 1979. Defendant was tried by jury on this count and found guilty on December 11,

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