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accused admissibility of evidence affirmative defense aggravated rape armed robbery attempted first-degree murder attempted second-degree murder battery bodily harm burden of proof burglary certiorari denied charge circumstances conduct conspiracy conviction of attempted Criminal Code Criminal Law criminal negligence dangerous weapon dant dant's death deceased defendant had specific defendant's degree murder dence denied 105 S.Ct drug element of crime evidence that defendant Evidence was sufficient expert felony fendant fense finding that defendant guilty hard labor indicated inferred inflict great bodily insanity defense instruction intent to kill intoxication intoxication defense jury kill or inflict kill victim La.Ann La.App La.L.Rev manslaughter murder prosecution negligent homicide offense overt act person prior prove rational trier reasonable belief reasonable doubt rehearing denied sanity shooting shot victim specific intent statute Sufficiency of evidence support finding testified testimony theft threats tion trial court trier of fact verdict witness writ denied writ granted