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STATE v. BENOIT

No. KA 85-1557.

492 So.2d 60 (1986)

STATE of Louisiana v. Clarence BENOIT.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 20, 1986.

Attorney(s) appearing for the Case

Camille A. Morvant, II, Asst. Dist. Atty., Thibodaux, for plaintiff-appellee State of La.

Diana M. Sanders, Raceland, for defendant-appellant Clarence Benoit.

Before LOTTINGER, WATKINS and CRAIN, JJ.

CRAIN, Judge.

Clarence Benoit was charged by bill of information with the forcible rape of his fourteen year old daughter. La.R.S. 14:42.1. He pled not guilty. Following trial by jury, defendant was convicted as charged. Thereafter, Benoit filed a motion for new trial, urging that the jury verdict would result in an injustice if permitted to stand. A hearing on the motion for new trial was held on July 9, 1985. At that hearing the following relevant exchange occurred...

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