State v. Smith

Defendants, Nathaniel Smith and Alvin Hayes, and one other were charged with the April 10, 1970 armed robbery (R.S. 14:64) of Peter J. Miranda in Baton Rouge. After a trial by jury, Smith and Hayes were convicted as charged. On September 23, 1970, Smith was sentenced to nine and one-half years and Hayes to nine years in the penitentiary without benefit of parole, probation or suspension of sentence. Only defendant Smith appeals his conviction and sentence. Five bills of exceptions were perfected.

Bill of Exceptions No. 1 was reserved to the trial judge’s overruling a motion for a mistrial…