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STATE v. DOWNEY

No. 98-KA-2769.

744 So.2d 128 (1999)

STATE of Louisiana v. Matt DOWNEY.

Court of Appeal of Louisiana, Fourth Circuit.

August 11, 1999.

Attorney(s) appearing for the Case

Harry F. Connick, District Attorney of Orleans Parish, Matthew M. Coman, Assistant District Attorney of Orleans Parish, New Orleans, Louisiana, Counsel for Plaintiff/Appellant.

Edward K. Bauman, Louisiana Appellate Project, Lake Charles, Louisiana, Counsel for Defendant/Appellee.

Court composed of Judge JOAN BERNARD ARMSTRONG, Judge MOON LANDRIEU, and Judge MICHAEL E. KIRBY.

LANDRIEU, Judge.

In Case No. 395-124, the defendant, Matt Downey, was indicted for second degree murder of forty-five-year-old James Robert Major, Jr., a violation of La.Rev. Stat. 14:30.1(A)(3).1 Subsequently, in Case No. 397-265, the defendant was charged with possession of heroin, a violation of La.Rev.Stat. 40:966(C)(1).2 After trial on the homicide charge, a jury on May 13, 1998, found the defendant not...

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