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STATE v. MACK

No. 80-KA-2349.

403 So.2d 8 (1981)

STATE of Louisiana v. Glenn A. MACK.

Supreme Court of Louisiana.

Rehearing Denied September 4, 1981.

Concurring Opinion September 15, 1981.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Louise S. Korns, and Judith A. Lombardino, Asst. Dist. Attys., for plaintiff-appellee.

John M. Standridge, Supervising Atty., New Orleans, Jack Wright, Jr., Student Practitioner, Loyola Law School Clinic, for defendant-appellant.

DIXON, Chief Justice.

Glenn A. Mack was charged by bill of information with simple burglary, R.S. 14:62, and convicted after a jury trial of attempted simple burglary, R.S. 14:27; 14:62. He was sentenced to twelve years at hard labor under the multiple offender provisions of R.S. 15:529.1. The single assignment of error relied upon in this appeal requires that the conviction and sentence be reversed.

According to the evidence adduced at trial, the instant...

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