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STATE v. JAMES

No. 82-KA-1230.

431 So.2d 399 (1983)

STATE of Louisiana v. Antonio JAMES.

Supreme Court of Louisiana.

Concurring in Part and Dissenting in Part May 18, 1983.

Rehearing Denied June 3, 1983.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., John Craft, David Batt, Mary Charlotte McMullan, Asst. Dist. Attys., for plaintiff-appellee.

Numa Bertel, Dwight Doskey, New Orleans, Orleans Indigent Defender Program, for defendant-appellant.

DENNIS, Justice.

The state's evidence indicates that on January 1, 1979, the defendant, Antonio James, approached seventy year old Henry Silver as Mr. Silver was getting out of his car in his neighborhood in New Orleans. The defendant placed a gun to Mr. Silver's head and demanded his money. When Mr. Silver shouted for help, defendant James placed the gun under Silver's right ear, cocked the hammer, and fired a shot into Mr. Silver's head. Defendant then rifled through...

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