STATE v. SMITH

No. 92-KA-2175.

623 So.2d 942 (1993)

STATE of Louisiana v. Kenneth Ray SMITH and Albert Lewis.

Court of Appeal of Louisiana, Fourth Circuit.

August 31, 1993.


Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Susan M. Erlanger, Asst. Dist. Atty., New Orleans, for appellee.

Michael G. Riehlmann, New Orleans, for appellants.

Before LOBRANO, WARD and ARMSTRONG, JJ.


LOBRANO, Judge.

Defendants, Kenneth R. Smith and Albert Lewis, were indicted for the July 30, 1976. first degree murder of Maria DiGiovanni, a violation of Louisiana Revised Statute 14:30.

Defendants were arraigned on August 25, 1976 and pled not guilty. On October 13, 1976, the charge was amended to second degree murder as to each defendant. Both defendants again pled not guilty and both were tried on that date. At the conclusion of the trial, a twelve member...

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