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STATE v. PANEPINTO

No. 88-KA-103.

527 So.2d 505 (1988)

STATE of Louisiana v. Blaine PANEPINTO.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied July 15, 1988.

Attorney(s) appearing for the Case

Philip E. O'Neill, Gretna, for defendant-appellant.

Dorothy A. Pendergast, Asst. Dist. Atty., Twenty-Fourth Judicial Dist., Gretna, for plaintiff-appellee.

Before CHEHARDY, GRISBAUM and DUFRESNE, JJ.

GRISBAUM, Judge.

The defendant was convicted by a six-person jury of cruelty to a juvenile (La.R.S. 14:93). We reverse and set aside.

The threshold question is whether the trial court committed reversible error in charging the jury that they could convict the defendant if they found him to be criminally negligent, when the bill of information only mentioned intentional acts.

FACTS

On September 22, 1986, the defendant, Blaine Panepinto...

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