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STATE v. MORGAN

No. 83 KA 0783.

444 So.2d 325 (1983)

STATE of Louisiana v. Roy R. MORGAN.

Court of Appeal of Louisiana, First Circuit.

December 22, 1983.

Attorney(s) appearing for the Case

Ossie Brown, Dist. Atty. by Thomas Damico, Asst. Dist. Atty., Baton Rouge, for plaintiff-appellee.

Michele Fournet, Appellate Counsel, Asst. Public Defender, Baton Rouge, for defendant-appellant.

Before COVINGTON, COLE and SAVOIE, JJ.

COVINGTON, Judge.

Defendant, Roy R. Morgan, was convicted of aggravated rape, a violation of LSA-R.S. 14:42, and sentenced to life imprisonment at hard labor without benefit of probation, parole or suspension of sentence. Defendant now appeals on the basis of four assignments of error.

FACTS

About 3:30 a.m. on September 23, 1981, while the victim was asleep in bed with her four-year old child, a man broke into her apartment. The victim awoke to find...

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