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STATE v. KIRKLAND

No. 01-KA-425.

798 So.2d 263 (2001)

STATE of Louisiana v. Russell KIRKLAND.

Court of Appeal of Louisiana, Fifth Circuit.

September 25, 2001.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Assistant D.A., Alison Wallis, Assistant D.A., Ron Austin, Assistant D.A., Joan Benge, Assistant D.A., Gretna, LA, For Plaintiff-Appellee.

Bruce G. Whittaker, Louisiana Appellant Project, New Orleans, LA, For Defendant-Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., JAMES L. CANNELLA and THOMAS F. DALEY.

EDWARD A. DUFRESNE, JR., Chief Judge.

The Jefferson Parish Grand Jury returned an indictment charging defendant, Russell Kirkland, with the first degree murder of David Johnson, in violation of LSA-R.S. 14:30.1 The state subsequently amended the indictment to charge defendant with second degree murder, in violation of LSA-R.S. 14:30.1. The matter proceeded to trial before a twelve person jury at the conclusion of which defendant was found...

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