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STATE v. SPEARS

No. KA 86 0770.

504 So.2d 974 (1987)

STATE of Louisiana v. Mitchell SPEARS.

Court of Appeal of Louisiana, First Circuit.

Writ Denied June 5, 1987.

Attorney(s) appearing for the Case

Bryan Bush, Dist. Atty., Office of the Dist. Atty., Baton Rouge, by Joe Lotwick, Asst. Dist. Atty., for plaintiff-appellee.

Sam D'Amico, Baton Rouge, for defendant-appellant.

Before GROVER L. COVINGTON, C.J., and LANIER and ALFORD, JJ.

ALFORD, Judge.

After a jury trial, Mitchell Spears was found guilty of second degree murder, a violation of LSA-R.S. 14:30.1. He received the mandatory sentence of life imprisonment at hard labor without benefit of parole, probation or suspension of sentence. On appeal, the defendant urges two assignments of error.

FACTS

On Sunday, December 2, 1984, at approximately 10:00 p.m., the defendant, Mitchell Spears, shot and killed Calvin Cavalier in the...

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