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STATE EX REL. TAYLOR v. WHITLEY

No. 91-KH-2343.

606 So.2d 1292 (1992)

STATE of Louisiana ex rel. Henry Lee TAYLOR v. John WHITLEY, Warden, Louisiana State Penitentiary.

Supreme Court of Louisiana.

Dissenting Opinion October 20, 1992.

Rehearing Denied November 25, 1992.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Atty. Gen., Harry F. Connick, Dist. Atty., Jack Peebles, Asst. Dist. Atty., for appellant.

Ginger Berrigan, Gravel, Brady & Berrigan, Alexandria, for appellee.

Dissenting Opinion of Justice Dennis October 20, 1992.

MARCUS, Justice.

Henry Taylor was tried by a jury for aggravated rape in February, 1981. The jury instruction on reasonable doubt provided:

If you entertain any reasonable doubt as to any fact or element necessary to constitute the defendant's guilt, it is your sworn duty to give him the benefit of the doubt and return a verdict of not guilty. Even where the evidence demonstrates a probability...

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