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STATE v. BELL

No. 94-KA-49.

639 So.2d 856 (1994)

STATE of Louisiana v. Brian R. BELL.

Court of Appeal of Louisiana, Fifth Circuit.

June 28, 1994.

Attorney(s) appearing for the Case

John M. Mamoulides, Dist. Atty., Kim McElwee, Stacy Schrieffer, Dorothy A. Pendergast, Asst. Dist. Attys. (Louise Korns, of counsel), Gretna, for plaintiff-appellee.

Bruce G. Whittaker, Staff Appellate Counsel, Indigent Defender Bd., Gretna, for defendant-appellant.

Before KLIEBERT, C.J., and GAUDIN and CANNELLA, JJ.

KLIEBERT, Chief Judge.

Defendant, Brian Bell, was charged by grand jury indictment with aggravated rape, a violation of LSA-R.S. 14:42. Bell was arraigned on September 30, 1992 and pled not guilty.

A jury trial was held on August 31, 1993 through September 3, 1993. By vote of eleven to one, the jury convicted the defendant of the charge of aggravated rape. Thereafter, the defendant moved for a new trial, which was...

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