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STATE v. SMITH

No. 83 KA 0814.

447 So.2d 42 (1984)

STATE of Louisiana v. Carey Paul SMITH.

Court of Appeal of Louisiana, First Circuit.

February 28, 1984.

Attorney(s) appearing for the Case

James L. Alcock, Asst. Dist. Atty., Houma, for State of La., plaintiff.

John W. Reed, Glass & Reed, New Orleans, for Carey Paul Smith, defendant.

Before PONDER, WATKINS and CARTER, JJ.

CARTER, Judge.

This criminal appeal arises from the conviction of Carey Paul Smith for second-degree murder, LSA-R.S. 14:30.1. Defendant received the mandatory sentence under LSA-R.S. 14:30.1, life imprisonment at hard labor without benefit of probation, parole or suspension. Defendant appeals this conviction specifying one assignment of error.

FACTS

On July 22, 1981, at approximately 8:30 p.m., Jesse Trevathan, defendant, and defendant's brother...

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