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STATE v. SMART

No. 17165-KA.

478 So.2d 559 (1985)

STATE of Louisiana, Appellee, v. Nathan SMART, Appellant.

Court of Appeal of Louisiana, Second Circuit.

October 30, 1985.

Attorney(s) appearing for the Case

Office of Indigent Defender by Marshall R. Pearce, Minden, for appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, Henry R. Brown, Jr. by James M. Bullers, Asst. Dist. Atty., Bossier City, for appellee.

Before HALL, FRED W. JONES and SEXTON, JJ.

FRED W. JONES, Judge.

The defendant Smart, charged with second degree murder, was tried by jury and found guilty of manslaughter. He was sentenced to imprisonment at hard labor for 15 years. The defendant has appealed his conviction and sentence, relying upon two assignments of error.

On May 30, 1984, defendant went to see his estranged wife (the decedent) who was living with another man, James Walker. The two were living at the residence of Walker's aunt...

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