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STATE v. BENEDICT

No. KA 911405.

607 So.2d 817 (1992)

STATE of Louisiana v. David J. BENEDICT.

Court of Appeal of Louisiana, First Circuit.

October 16, 1992.

Attorney(s) appearing for the Case

Richard Ward, Jr., Dist. Atty. and Michael E. Parks, Asst. Dist. Atty., New Roads, for State-appellee.

C. Jerome D'Aquila, Public Defender and Thomas A. Nelson, Asst. Public Defender, New Roads, for defendant-appellant.

Before LOTTINGER, C.J., and FOIL, J., and GROVER L. COVINGTON, J. Pro Tem.

GROVER L. COVINGTON, Judge Pro Tem.

David J. Benedict was charged by bill of information with attempted aggravated rape, a violation of La.R.S. 14:27 and 14:42. He pled not guilty and, after trial by jury, was convicted as charged. He filed a motion for post verdict judgment of acquittal or alternatively for a new trial or for a verdict of a lesser and included responsive offense. The court denied the motion and sentenced defendant to serve a term of fifty years imprisonment...

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