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STATE v. HOWARD

No. CR93-74.

630 So.2d 2 (1993)

STATE of Louisiana, Plaintiff-Appellee, v. Jim A. HOWARD, Jr., Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

December 10, 1993.

Attorney(s) appearing for the Case

J. Reed Walters, Dist. Atty., for State.

Dan Brooks Cornett, Jena, for Jim A. Howard Jr.

Before DOMENGEAUX, C.J., and SAUNDERS and WOODARD, JJ.

ON REHEARING

WOODARD, Judge.

We granted rehearing in this case because the facts support a conviction of the lesser included responsive offense of simple battery. If an appellate court finds that the evidence, viewed in the light most favorable to the state, supports a conviction of a lesser included responsive offense, the court may modify the verdict and render a judgment of conviction on the lesser included responsive offense. La.C.Cr.P. art. 821 E; ...

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