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STATE v. SMITH

No. 91-KA-0749.

637 So.2d 398 (1994)

STATE of Louisiana v. Wilfred A. SMITH.

Supreme Court of Louisiana.

May 23, 1994.

Attorney(s) appearing for the Case

Elizabeth W. Cole, New Orleans, for applicant.

Wilfred Smith, pro se.

Richard P. Ieyoub, Atty. Gen., Harry F. Connick, Dist. Atty., Jack Peebles, Hans P. Sinha, Valentin M. Solino, New Orleans, for respondent.

CALOGERO, Chief Justice.1

We consider in this appeal from a conviction for second degree murder whether there is a reasonable likelihood that an instruction by the trial judge on reasonable doubt was perceived and applied by the jury unconstitutionally, that is, in a manner which would allow a finding of guilt based on a degree of proof below that which is constitutionally required. If so, we must also determine whether the absence of...

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