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STATE v. LIVINGSTON

No. 39,390-KA.

899 So.2d 733 (2005)

STATE of Louisiana, Appellee v. Danny LIVINGSTON, Appellant.

Court of Appeal of Louisiana, Second Circuit.

April 6, 2005.

Attorney(s) appearing for the Case

Paula C. Marx, Lafayette, Kenota P. Johnson, Louisiana Appellate Project, for Appellant.

J. Schuyler Marvin, District Attorney, John M. Lawrence, C. Sherburne Sentell, III, Assistant District Attorney, for Appellee.

Before BROWN, GASKINS, and DREW, JJ.

BROWN, C.J.

By a two count bill of information, six individuals, including defendant, Danny Livingston, were charged with attempted manslaughter and conspiracy to commit attempted manslaughter. On July 15, 2002, the victim, David Retzlaff, was mistakenly believed by co-defendant, Robert Byrd, to have thrown a bottle at Byrd's friend. Byrd attacked Retzlaff and was joined by others. Defendant came out of a house, saw the...

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