Opinion
No. 60124.
December 16, 1977.
ON WRIT OF CERTIORARI TO THE CITY COURT OF OAKDALE WARD FIVE PARISH OF ALLEN; JOHN P. NAVARRE, Judge.
DeWitt T. Methvin, Jr., Gist, Methvin Trimble, Alexandria, for defendant-relator.
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Alfred R. Ryder, Dist. Atty., Terry J. Johnson, Asst. Dist. Atty., for plaintiff-respondent.
Defendant 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.
Accordingly, the conviction and sentence are reversed and the defendant discharged.
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In my view there is "some" evidence to sustain the conviction — the only issue before this court. Accordingly, the conviction should be sustained.