Legal Opinion

State v. Smith

Louisiana Court of Appeal

Decided August 22, 1985No. CR85-219Published

1Opinion of the Court

YELVERTON, Judge.

James R. Smith pleaded guilty to manslaughter, La.R.S. 14:31, amended from second degree murder, La.R.S. 14:30.1, and was sentenced to 17 years at hard labor. From this sentence defendant appeals, raising the single assignment of error that it was constitutionally excessive. We find the sentence was not excessive and we affirm.

The killing occurred in the early morning hours of Christmas day, 1982. Defendant killed Frank Knapp on a logging road in the woods in Rapides Parish. The victim’s body was found lying on -the ground near the defendant’s van, which was stuck in the mud.…

2Cases cited16 opinions

  1. State v. SepulvadoSupreme Court of Louisiana · 1979
  2. State v. TelseeSupreme Court of Louisiana · 1983
  3. State v. MorganLouisiana Court of Appeal · 1983
  4. State v. BrownLouisiana Court of Appeal · 1983
  5. State v. HowardLouisiana Court of Appeal · 1983

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