STATE v. DAVENPORT

No. 13-39.

116 So.3d 1038 (2013)

STATE of Louisiana v. Morris DAVENPORT, Jr.

Court of Appeal of Louisiana, Third Circuit.

July 3, 2013.


Attorney(s) appearing for the Case

D. Scott Kendrick , Natchitoches, LA, for Applicant.

Anna L. Garcie , Assistant District Attorney, Many, LA, for Respondent.

Court composed of JIMMIE C. PETERS, BILLY H. EZELL, J. DAVID PAINTER, Judges.


EZELL, Judge.

STATEMENT OF THE CASE

The Defendant, Morris Davenport, Jr., was charged by bill of indictment with one count of aggravated rape, in violation of La.R.S. 14:42(A)(6). On November 27 and 28, 2012, the Defendant was tried before a jury. After both the State and defense rested, the Defendant requested a motion for judgment of acquittal under La.Code Crim.P. art. 778. The Defendant argued that the State failed to prove a material element of the...

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