STATE v. PAYTON

No. 2010-KA-1166.

68 So.3d 594 (2011)

STATE of Louisiana v. Nathaniel PAYTON.

Court of Appeal of Louisiana, Fourth Circuit.

May 18, 2011.


Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, Scott G. Vincent , Assistant District Attorney, New Orleans, LA, for State of Louisiana.

Katherine M. Franks , Louisiana Appellate Project, Abita Springs, LA, for Defendant/Appellant.

(Court composed of Judge JAMES F. McKAY, III, Judge MICHAEL E. KIRBY, Judge DANIEL L. DYSART).


DANIEL L. DYSART, Judge.

Nathaniel Payton appeals his conviction for manslaughter arguing that the there was insufficient evidence to sustain a responsive verdict of manslaughter, insufficient evidence for a finding that he was the perpetrator, and that the jury instruction allowing for a non-unanimous verdict is unconstitutional. For the following reasons, we affirm.

Nathaniel Payton was charged by grand jury indictment on May 28, 2009, with the second degree...

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