Opinion
No. 57303.
February 10, 1977.
APPEAL FROM CRIMINAL DISTRICT COURT, SECTION "C", PARISH OF ORLEANS, STATE OF LOUISIANA, HONORABLE JEROME M. WINSBERG, J.
George M. Leppert, New Orleans, for defendant-appellant.
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Brian G. Meissner, Louise S. Korns, Asst. Dist. Attys., New Orleans, for plaintiff-appellee.
On September 27, 1973, the Orleans Parish Grand Jury indicated defendant, Junius Wilson, for the crime of aggravated rape. La.R.S. 14:42. Defendant was tried, convicted and sentenced to life imprisonment. We affirm.
ASSIGNMENT OF ERROR NO. 1
Defendant's failure to object to the alleged error complained of constituted a waiver of his objection. La.C.Cr.P. art. 841; State v. Brown, 329 So.2d 701 (La. 1976). This assignment lacks merit.
ASSIGNMENT OF ERROR NO. 2
Defendant could properly be questioned as to a court martial conviction. We have previously held that La.R.S. 15:495 contemplates "the use of evidence of a conviction for the violation of a penal provision for which imprisonment can be imposed." State v. Bradford, 298 So.2d 781, 792 (La. 1974). The conviction in question fulfills that requirement. See 10 U.S.C.A. § 856. This assignment lacks merit.
ASSIGNMENT OF ERROR NO. 3
This assignment was expressly abandoned.
Accordingly, defendant's conviction and sentence are affirmed.