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STATE v. COLLINS

No. 84 KA 0892.

470 So.2d 553 (1985)

STATE of Louisiana v. Jerry COLLINS.

Court of Appeal of Louisiana, First Circuit.

May 29, 1985.

Attorney(s) appearing for the Case

Ossie Brown, Dist. Atty. by Kay Bates, Asst. Dist. Atty., Baton Rouge, for plaintiff-appellee.

David Price, Asst. Pub. Defender, Baton Rouge, for defendant-appellant.

Before COLE, CARTER and LANIER, JJ.

CARTER, Judge.

This is an appeal from a conviction for aggravated rape and aggravated burglary (LSA-R.S. 14:42 and 14:60).

FACTS

At approximately 4:30 a.m. on December 26, 1981, the victim was awakened by an intruder in her home. The intruder held a pistol to the woman's forehead and shook her awake. The assailant then said, "[j]ust do as I say and I won't kill you." The victim was then raped. Because the room was dark, the victim was unable to identify...

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