No. 93-KH-2292.Supreme Court of Louisiana.
June 24, 1994.
In re Sam, Alvin; — Plaintiff(s); applying for supervisory and/or remedial writ; Parish of Avoyelles, 12th Judicial District Court, Div. “B”, No. 33063-F; to the Court of Appeal, Third Circuit, No. CW93-0438.
Denied.
ORTIQUE, J., dissents. The instruction by the trial judge given regarding the right of defendant to “receive the benefit of every reasonable doubt arising out of the evidence or out of the lack of evidence” was clearly not in keeping with due process.
DENNIS, J., not on panel.