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STATE v. SMITH

No. 04-KA-199.

877 So.2d 1123 (2004)

STATE of Louisiana v. Kortney T. SMITH.

Court of Appeal of Louisiana, Fifth Circuit.

June 29, 2004.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Juliet L. Clark, Vincent Paciera, Jr., Thomas S. Block, Assistant District Attorneys, Gretna, LA, for Plaintiff/Appellee.

Jane L. Beebe, Gretna, LA, for Defendant/Appellant.

Panel composed of Judges SOL GOTHARD, THOMAS F. DALEY and MARION F. EDWARDS.

MARION F. EDWARDS, Judge.

Defendant Kortney T. Smith appeals his conviction and sentence for second-degree murder. We affirm.

At 4:30 a.m. on October 30, 2001, seven-month-old infant Kortney Smith died after sustaining a depressed skull fracture and brain hemorrhage while in the care of his father, the defendant Smith. Smith was indicted by a Jefferson Parish grand jury for the second-degree murder of the infant in violation of LSA-R.S. 14:30.1. Smith pled...

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