State v. Stewart

Supreme Court of Louisiana

State v. Stewart

435 So. 2d 423, 1983 La. LEXIS 12558

Procedural entryThis page is a short order in State v. Stewart. Read the opinion of the Court — 389 So. 2d 1321 →

Supreme Court of Louisiana·Decided August 9, 1983·No. No. 80-KA-2875·Published

Opinion

DENNIS, Judge,

concurring.

Defendant was constitutionally apprised that he was charged with attempted felony murder. Defendant was convicted of attempted felony murder. There was evidence to support each element. There is no need to rely on the armed robbery charge; it may be a bad precedent. The acquittal of armed robbery charge does not constitute an acquittal of attempted murder charge.

Therefore, I respectfully concur.

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DENNIS, Judge,

concurring.

Defendant was constitutionally apprised that he was charged with attempted felony murder. Defendant was convicted of attempted felony murder. There was evidence to support each element. There is no need to rely on the armed robbery charge; it may be a bad precedent. The acquittal of armed robbery charge does not constitute an acquittal of attempted murder charge.

Therefore, I respectfully concur.

State v. Stewart, 435 So. 2d 423, 1983 La. LEXIS 12558 (La. 1983).

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