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STATE v. McCLAIN

No. 95-KA-2546.

685 So.2d 590 (1996)

STATE of Louisiana v. Johnny A. McCLAIN.

Court of Appeal of Louisiana, Fourth Circuit.

December 11, 1996.

Attorney(s) appearing for the Case

Richard Ieyoub, Attorney General of the State of Louisiana and Darryl W. Bubrig, Sr., District Attorney, 25th Judicial District, Pointe-a-la-Hache, and Gilbert V. Andry, III, Assistant District Attorney, New Orleans, for Plaintiff/Appellee.

Peter Barbee, Plaquemines Parish, Indigent Defender Board, Pointe-a-la-Hache, for Defendant/Appellant.

Before ARMSTRONG, PLOTKIN and LANDRIEU, JJ.

ARMSTRONG, Judge.

The defendant, Johnny McClain, was indicted by grand jury for first degree murder, a violation of La. R.S. 14:30. The State subsequently amended the indictment to charge him with second degree murder, a violation of La. R.S. 14:30.1. He was tried by a twelve-member jury which found him guilty of manslaughter. The defendant was sentenced to fifteen years at hard labor. His motion for reconsideration of sentence was denied. The defendant now appeals...

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