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STATE v. McCARTY

No. 16555-KA.

463 So.2d 788 (1985)

STATE of Louisiana, Appellee, v. Anthony McCARTY, Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied February 22, 1985.

Writ Denied April 12, 1985.

Attorney(s) appearing for the Case

Indigent Defender Office by Richard E. Hiller, and Richard C. Goorley, Shreveport, for appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, Paul J. Carmouche, Dist. Atty. by Scott J. Crichton and John A. Broadwell, Shreveport, for appellee.

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

FRED W. JONES, Jr., Judge.

The defendant, Anthony McCarty, was originally tried for second degree murder (R.S. 14:30.1) and armed robbery (R.S. 14:64). Since the jury was unable to reach a verdict, the result was a mistrial. A second jury trial followed and defendant was found guilty of both charges.

The defendant filed a motion for a new trial on the ground of prosecutorial misconduct. After the holding of two hearings, the motion was denied. A motion for...

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