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STATE v. SMITH

No. 2001 KW 1027.

809 So.2d 556 (2002)

STATE of Louisiana v. Marvin J. SMITH, Jr.

Court of Appeal of Louisiana, First Circuit.

February 15, 2002.

Attorney(s) appearing for the Case

Victor J. Woods, Assistant District Attorney, Port Allen, for State of Louisiana.

Tommy Thompson, Port Allen, for Marvin J. Smith, Jr.

Before: FOIL, FITZSIMMONS and DOWNING, JJ.

FOIL, Judge.

Relator has been indicted with "aggravated rape of a juvenile under the age of twelve," a violation of La. R.S. 14:42. The state amended the indictment to allege the date of the victim's birth and that the victim "resisted to the utmost but her resistance was overcome by force of the defendant." The indictment also charged relator with three counts molestation of a juvenile by virtue of a position of control or supervision. The molestation counts involve...

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