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STATE v. GEORGE

No. 09-143.

19 So.3d 614 (2009)

STATE of Louisiana v. Bacardny Wayne GEORGE.

Court of Appeal of Louisiana, Third Circuit.

October 7, 2009.

Attorney(s) appearing for the Case

J. Phillip Haney, District Attorney, Jeffrey J. Trosclair, Assistant District Attorney, New Iberia, LA, for State-Appellee: State of Louisiana.

William Jarred Franklin, Louisiana Appellate Project, Bossier City, LA, for Defendant-Appellant: Bacardny Wayne George.

Court composed of MICHAEL G. SULLIVAN, ELIZABETH A. PICKETT, and BILLY HOWARD EZELL, Judges.

PICKETT, Judge.

FACTS

On April 12, 2007, retired prosecutor Ralph Lee was sitting in a swing in his back yard in New Iberia, drinking his morning coffee. Around 7:10 a.m., he heard a female voice coming from City Park, located adjacent to the back yard of his home, saying, "stop, you're killing me, stop, you're killing me." Lee stood up, turned around and saw a black male wearing a white t-shirt holding something over his head and forcefully smashing...

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