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STATE v. MINCE

No. 97-K-2947.

714 So.2d 684 (1998)

STATE of Louisiana v. Ronald MINCE.

Supreme Court of Louisiana.

May 29, 1998.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Atty. Gen., Paul D. Connick, Jr., Dist. Atty., Terry M. Boudreaux, Gretna, for Applicant.

Joseph J. Tosh, Gretna, for Respondent.

PER CURIAM.*

Following his conviction in a bench trial for second degree battery, La.R.S. 14:34.1, the defendant moved for a new trial on grounds of newly discovered evidence. La.C.Cr.P. art. 851(3). He attached several affidavits to his motion, including one in which his brother, Chuck Mince, alleged that while he "didn't elect to testify at the trial because he didn't want to waive his 5th Amendment right and thought that Ronald Mince...

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