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STATE v. BERRY

No. 94-KA-249.

645 So.2d 757 (1994)

STATE of Louisiana v. Jerry BERRY.

Court of Appeal of Louisiana, Fifth Circuit.

October 25, 1994.

Attorney(s) appearing for the Case

Bruce G. Whittaker, Gretna, for defendant/appellant.

John M. Mamoulides, Dist. Atty., Dorothy A. Pendergast, Michele R. Morel, Gretna, for the State.

Before GRISBAUM, WICKER and GOTHARD, JJ.

WICKER, Judge.

Defendant, Jerry Berry, was charged by bill of information with violation of La.R.S. 14:34.1, second degree battery. He entered a plea of not guilty. After trial by a six-person jury, he was found guilty as charged. The trial court sentenced him to two years at hard labor. The defendant now appeals, urging two assignments of error. We reverse and remand for new trial.

FACTS

The defendant and the victim, Diana Gamponia, had known each...

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