State v. Nicholas

CIACCIO, Judge.

Defendant, Leonard Nicholas, was indicted by a grand jury for the first degree murder of Charles Lebreton, Jr. His first trial on July 8,1981 ended in a mistrial, and defendant was retried on July 16, 1981.

By unanimous vote, a twelve-member jury found defendant guilty of having violated La.R.S. 14:30.1, second degree murder. Defendant appeals on the basis of three assignments of error. Finding no merit to these assignments, and finding no errors upon inspection of the pleadings and proceedings, we affirm.

At the outset of defendant’s second trial on July 16, 1981, the State…