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STATE v. SMITH

No. 90-KA-1236.

591 So.2d 1219 (1991)

STATE of Louisiana v. Tyronne SMITH and Troy Wilkerson.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 12, 1992.

Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty. and Jack Peebles, Asst. Dist. Atty., New Orleans, for the State.

Dwight Doskey, Orleans Indigent Defender Program, New Orleans, for defendant, Tyronne Smith.

Owen A. Neff, Sessions & Fishman, New Orleans, for defendant, Troy Wilkerson.

Before KLEES, BYRNES, and PLOTKIN, JJ.

PLOTKIN, Judge.

Appellants Tyronne Smith and Troy Wilkerson were indicted for the second-degree murder of Jerry Lee. Smith and Wilkerson pled not guilty. A jury found both guilty of murder as charged. They were sentenced to life imprisonment without the benefit of parole, probation, or suspension of sentence. We reverse and remand for a new trial.

FACTS:

Sometime before 4:00 a.m. on March 27, 1988, police officers patrolling in the Desire Housing...

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