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STATE v. PORTER

No. 98-KA-0279.

756 So.2d 1156 (2000)

STATE of Louisiana v. Alphonse PORTER.

Court of Appeal of Louisiana, Fourth Circuit.

March 15, 2000.

Attorney(s) appearing for the Case

Harry F. Connick, District Attorney, Holli Herrle-Castillo, Assistant District Attorney, New Orleans, Louisiana, Counsel for Plaintiff/Appellee.

Christopher A. Aberle, Louisiana Appellate Project, Mandeville, Louisiana, Counsel for Defendant/Appellant.

(Court composed of Judge WILLIAM H. BYRNES, III, Judge JOAN BERNARD ARMSTRONG, Judge MICHAEL E. KIRBY).

KIRBY, J.

By grand jury indictment, the defendant, Alphonse Porter, was charged with first degree murder, a violation of La. R.S. 14:30. He pled not guilty.1 At defendant's first trial in October 1996, the jury was unable to reach a verdict and a mistrial was declared. At his second trial on April 2-5, 1997, the defendant was found guilty of second degree murder, a violation of La. R.S. 14:30...

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