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STATE v. LEE

No. KA89-1489.

577 So.2d 134 (1991)

STATE of Louisiana v. Darrell LEE.

Court of Appeal of Louisiana, First Circuit.

Writ Denied May 24, 1991.

Attorney(s) appearing for the Case

John L. Stone, III, Asst. Dist. Atty., Greensburg, Duncan Kemp, Dist. Atty., Livingston, for plaintiff.

Michael L. Thiel, Hammond, for defendant.

Before SAVOIE, CRAIN and FOIL, JJ.

SAVOIE, J.

Defendant was initially indicted in indictment number 5545 for the first degree murder of Otto Kennard, a violation of LSA-R.S. 14:30. The indictment was later amended to a reduced charge of second degree murder, a violation of LSA-R.S. 14:30.1. At a first trial on this reduced charge, the trial ended in a mistrial when the jury was unable to reach a verdict. Thereafter, defendant was indicted in a new indictment (number 6965) for first degree murder.

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