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352 So. 2d 1282

State v. Rush

Supreme Court of Louisiana

Decided December 16, 1977

Supreme Court of Louisiana · decided 1977-12-16

Decided 1977-12-16

PER CURIAM.

¶1Defendant was convicted of simple criminal damage to property, La.R.S. 14:56. Finding no evidence of criminal damage to property, we conclude that the trial judge erred in denying defendant’s motion for a judgment of acquittal.

¶2Accordingly, the conviction and sentence are reversed and the defendant discharged.

¶3[[Image here]]

SUMMERS, J.,

¶4dissents.

¶5In my view there is “some” evidence to sustain the conviction — the only issue before this court. Accordingly, the conviction should be sustained.

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