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STATE v. JOHNSON

No. 98-KP-2022.

731 So.2d 273 (1998)

STATE of Louisiana v. Raymond JOHNSON.

Supreme Court of Louisiana.

December 18, 1998.

Writ granted. The district court's last and definitive ruling did not grant Johnson a new trial under La.C.Cr.P. art. 851 but instead granted a post-verdict judgment of acquital under La.C.Cr.P. art. 821. However, it did so in error by invading the province of the jury and discounting testimony the jurors evidently believed. State v. Mussall, 523 So.2d 1305, 1310 (La.1988). Because a rational juror could have found that the state...

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