STATE v. LAGARDE

No. 95-KA-1497.

672 So.2d 1102 (1996)

STATE of Louisiana v. Roderick LAGARDE.

Court of Appeal of Louisiana, Fourth Circuit.

April 3, 1996.


Attorney(s) appearing for the Case

Harry F. Connick, District Attorney, Michael Bollman, David Weilbaecher, Jr., Gregory Hangartner, Assistant District Attorneys, New Orleans, for Plaintiff-Appellant.

Archie B. Creech, New Orleans, for Defendant-Appellee.

Before SCHOTT, C.J., and LOBRANO and ARMSTRONG, JJ.


SCHOTT, Chief Judge.

This is before the court on an appeal by the State from a judgment granting defendant's motion to quash the indictment of him for first degree murder. The issue is whether a defendant who engages in a shootout while holding a child before him as a shield may be legally convicted of the first degree murder of the child who is killed by the person shooting at the defendant. We conclude that he may and reverse the judgment of the trial court.

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