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SUPREME COURT OF LOUISIANA 96-KA-1680 STATE OF LOUISIANA versus JOHN MALACHI CONNOLLY, III
ON APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT FOR THE PARISH OF ST. MARY, STATE OF LOUISIANA HONORABLE MICHAEL J. MCNULTY, JR., PRESIDING JUDGE

KIMBALL, Justice*
A St. Mary Parish Grand Jury indicted John Malachi Connolly, III for the first degree murder of Shane Michael Pullen, in violation of La. R.S. 14:30. After a trial by jury, Defendant was found guilty as charged and sentenced to death based upon the jury's finding of three aggravating circumstances. The trial judge sentenced Defendant to death in accordance with the jury's recommendation. This is the direct appeal of Defendant's conviction and sentence. On appeal, Defendant relies on seven assignments of error. For the reasons that follow, we find no merit in any of Defendant's assignments and affirm Defendant's conviction and sentence.

FACTS On the evening of October 7, 1992, Shane Michael Pullen, a nine year old boy, was murdered behind the First Baptist Church of Morgan City. The victim had attended church services that evening with his mother, father, and older brother. After the service ended, the victim mingled with other members of the congregation. Sometime around 7:30 p.m., the victim's family noticed he was missing. The Pullen family and other church members searched the church building and grounds for the victim. Defendant, a Sunday school teacher at the church who had also attended church services that night, persuaded the victim's father, Perry Pullen, to search behind the church for his son. Behind the church, Perry Pullen discovered his son's bloody body lying on the ground.

*

Calogero, C.J., not on panel. Rule IV, Part 2,

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Louisiana Law