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STATE v. DUCOTE

No. K84-78.

452 So.2d 1305 (1984)

STATE of Louisiana, Plaintiff-Appellee, v. Samuel DUCOTE, Jr., Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied July 23, 1984.

Attorney(s) appearing for the Case

Dan B. McKay, Jr., Bunkie, for defendant-appellant.

David Lafargue, Asst. Dist. Atty., Marksville, for plaintiff-appellee.

Before CUTRER, DOUCET and YELVERTON, JJ.

DOUCET, Judge.

Defendant Samuel Ducote, Jr. was charged with "Simple Battery", in that on or about July 18, 1983, he "did commit a battery upon one, Kenneth Price, by hitting him with a bottle without his consent". He was found guilty and now appeals.

On July 18, 1983, during the noon hour, Kenneth Price entered the defendant's wrecking yard on the Evergreen Highway, near Bunkie, Louisiana, for the purpose of returning a carburetor for a refund. Mr. Ducote...

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