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STATE v. SMITH

No. 19744-KA.

535 So.2d 786 (1988)

STATE of Louisiana, Appellee, v. Charles SMITH, Appellant.

Court of Appeal of Louisiana, Second Circuit.

August 17, 1988.

Attorney(s) appearing for the Case

James M. Miller, Oak Grove, for appellant.

William J. Guste, Jr., Atty. Gen., William R. Coenen, Jr., Dist. Atty., John M. Lancaster, Asst. Dist. Atty., Oak Grove, for appellee.

Before JASPER E. JONES, FRED W. JONES, Jr., and NORRIS, JJ.

FRED W. JONES, Jr., Judge.

The defendant Smith was found guilty by a jury, as charged, with committing theft by aiding in the fraudulent representation of cashing a check with the intent to permanently deprive the victim of the money. (La.R.S. 14:67). He was sentenced to prison for two years. The defendant appealed his conviction, reserving three assignments of error.

Factual Context

On Sunday, February 9, 1986 the defendant and his wife, Robbieteen...

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