STATE v. KORMAN

No. 83 KW 0675.

439 So.2d 1099 (1983)

STATE of Louisiana v. Carl KORMAN.

Court of Appeal of Louisiana, First Circuit.

August 24, 1983.


Attorney(s) appearing for the Case

Ossie Brown, Dist. Atty. by Joseph Lotwick, Asst. Dist. Atty., Baton Rouge, for plaintiff.

John B. Shea, Beard & Shea, Baton Rouge, for defendant.

Before PONDER, SAVOIE and CRAIN, JJ.


CRAIN, Judge.

This case involves a jury conviction of defendant of manslaughter, subsequently overturned by the trial judge when he granted a new trial based on insufficient evidence to support the verdict. The effect of granting the new trial on this basis amounts to an acquittal because of the double jeopardy holding of Hudson v. Louisiana, 450 U.S. 40, 101 S.Ct. 970, 67 L.Ed.2d 30 (1981).

The case points out the difficulties...

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