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STATE v. LEE

No. KA 2331.

469 So.2d 258 (1985)

STATE of Louisiana v. Larry LEE.

Court of Appeal of Louisiana, Fourth Circuit.

April 16, 1985.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., E. Sue Bernie, Asst. Dist. Atty., New Orleans, for plaintiff-appellee.

Peter J. Castano, Castano & Greenbaum, P.L.C., New Orleans, for defendant-appellant.

Before REDMANN, C.J., and SCHOTT and GARRISON, JJ.

SCHOTT, Judge.

After a bench trial, defendant was convicted of aggravated burglary and was sentenced to six years at hard labor. He assigned two errors, first, that the state failed to prove the identity of the perpetrator beyond a reasonable doubt; and, second, that the trial court wrongfully denied his motion for a new trial after he showed he was not the perpetrator of the offense.

On the evening of June 4, 1983...

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