STATE v. RUBIN

No. 21289-KA.

559 So.2d 550 (1990)

STATE of Louisiana, Appellee, v. Clyde RUBIN, Jr., Appellant.

Court of Appeal of Louisiana, Second Circuit.

April 4, 1990.


Attorney(s) appearing for the Case

James M. Stephens, Winnsboro, for appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, William R. Coenen, Jr., Dist. Atty., Rayville, E. Rudolph McIntyre, Jr., Asst. Dist. Atty., Winnsboro, for appellee.

Before HALL, MARVIN and SEXTON, JJ.


MARVIN, Judge.

Where defense counsel, in a criminal jury trial on the charge of attempted murder, fails to object to an erroneous instruction [and argument] which effectively tells the jury that the intent element of the crime (attempt to kill a human being) is when the offender

has the specific intent to kill or inflict great bodily harm,

the conviction may be reversed on appeal when the record demonstrates that defense counsel...

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