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STATE v. BALLARD

No. 57705.

337 So.2d 481 (1976)

STATE of Louisiana v. Linza BALLARD.

Supreme Court of Louisiana.

September 13, 1976.

Attorney(s) appearing for the Case

Donald R. Miller, Shreveport, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John A. Richardson, Dist. Atty., Eugene W. Bryson, Jr., Asst. Dist. Atty., for plaintiff-appellee.

TATE, Justice.

The defendant Ballard was convicted of attempted aggravated rape, La.R.S. 14:27, 42, and sentenced to twenty years imprisonment. Upon his appeal, he relies upon three assignments of error.

Assignment One

The defendant contends that his motion for a continuance was improperly denied. It was based on the failure to secure the testimony of an alibi witness, despite timely subpoena.

The defendant subpoenaed three alibi witnesses...

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