STATE v. SMITH

No. KA 5452.

499 So.2d 340 (1986)

STATE of Louisiana v. Walter A. SMITH.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied March 13, 1987.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Terry M. Boudreaux, Asst. Dist. Atty., New Orleans, for plaintiff-appellee.

Raleigh L. Ohlmeyer, Jr., New Orleans, for defendant-appellant.

Before SCHOTT, KLEES and BYRNES, JJ.


SCHOTT, Judge.

Defendant was convicted of attempted armed robbery in violation of LSA-R.S. 14:64 and sentenced to forty years at hard labor.

On June 5, 1985, around noon, the victim was approaching his parked automobile when two men approached him and asked for fifteen cents. As the victim reached into his pocket to get the change one man pulled a gun and pointed it at the victim's head. The victim grabbed the gun, a scuffle ensued, and the victim was shot...

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