STATE v. WAXLER

No. 89-KA-0454.

569 So.2d 29 (1990)

STATE of Louisiana v. Russell C. WAXLER.

Court of Appeal of Louisiana, Fourth Circuit.

October 11, 1990.


Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Richard Olsen, Asst. Dist. Atty., New Orleans, for plaintiff-appellee State of La.

M. Craig Colwart, Orleans Indigent Defender Program, New Orleans, for defendant-appellant Russell C. Waxler.

Before KLEES, BYRNES and WILLIAMS, JJ.


KLEES, Judge.

On October 14, 1987 the defendant was indicted by a grand jury of second degree murder, a violation of R.S. 14:30.1. He entered a plea of not guilty and was subsequently tried by the court and found guilty as charged. He was sentenced on September 29, 1988 to life imprisonment at hard labor without benefit of probation, parole or suspension of sentence.

On Sunday, June 22, 1986 Henry Aymond's landlord and neighbor, Carl Penny, went to Aymond...

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