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STATE v. GILMORE

No. KA-8900.

529 So.2d 859 (1988)

STATE of Louisiana v. James Otis GILMORE.

Court of Appeal of Louisiana, Fourth Circuit.

July 12, 1988.

Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Brian T. Treacy, Asst. Dist. Atty., New Orleans, for plaintiff-appellee State of La.

Sherry Watters, Orleans Indigent Defender Program, New Orleans, for defendant-appellant James Otis Gilmore.

Before SCHOTT, KLEES and PLOTKIN, JJ.

KLEES, Judge.

On December 2, 1982, the State filed a bill of indictment charging James Otis Gilmore and Leroy Polk with first degree murder in violation of R.S. 14:30. At his December 7, 1982 arraignment, Gilmore pled not guilty. Prior to voir dire, the State severed the trial of the defendants by filing two separate indictments. Trial commenced on behalf of Defendant Gilmore on September 28, 1983. The following day the jury returned a unanimous verdict of guilty...

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