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STATE v. SMITH

No. 89-KA-1853.

594 So.2d 467 (1991)

STATE of Louisiana v. Earl SMITH.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 25, 1992.

Attorney(s) appearing for the Case

John F. Rowley, Dist. Atty., Wayne J. McDougall, Asst. Dist. Atty., Chalmette, for plaintiff.

Dwight Doskey, Cherbonnier & Doskey, Harvey, for defendant.

Before WARD and ARMSTRONG, JJ., and GULOTTA, J. Pro Tem.

ARMSTRONG, Judge.

The defendant, Earl Smith, and his co-defendant, Raymond Smith, were charged by grand jury indictment with the first degree murder of Mario Gioe. The State amended the indictment to charge the defendants with second degree murder. Following a trial by a twelve-person jury the defendants were found guilty as charged. After sentencing, the defendants appealed the convictions. The convictions and sentences were affirmed by this Court, State v. Smith...

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