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STATE v. BUTLER

No. 16422-KA.

459 So.2d 52 (1984)

STATE of Louisiana, Appellee, v. George E. BUTLER, Appellant.

Court of Appeal of Louisiana, Second Circuit.

October 31, 1984.

Attorney(s) appearing for the Case

Davenport, Files & Kelly by Lavalle B. Salomon, Monroe, for appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, Johnny Parkerson, Dist. Atty., Michael J. Fontenot, Asst. Dist. Atty., Monroe, for appellee.

Before MARVIN, JASPER E. JONES and FRED W. JONES, Jr., JJ.

MARVIN, Judge.

The criminal code crimes of criminal damage to property under Sec. 55 and of illegal use of a dangerous instrumentality under Sec. 94 are not lesser included offenses of the crime of attempted second degree murder under Secs. 27 and 30.1. CCrP Art. 558, State v. Cook, 372 So.2d 1202 (La.1979).

State v. Cook, supra, emphasizes the effect of the State's failure to amend the original bill...

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