
    STATE of Louisiana v. Daniel R. HOLMES.
    No. 60636.
    Supreme Court of Louisiana.
    April 10, 1978.
    Rehearing Denied May 19, 1978.
    
      James E. Shields, New Orleans, for defendant-appellant.
    William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mam-oulides, Dist. Atty., Roy F. Blondeau, Jr., Asst. Dist. Atty., Abbott J. Reeves, Director, Research and Appeals Division, Me-tairie, for plaintiff-appellee.
   PER CURIAM.

Defendant Daniel Holmes was charged by bill of information with armed robbery, a violation of La.R.S. 14:64. After trial by jury he was found guilty as charged and subsequently sentenced to serve twenty years at hard labor.

We have reviewed each of defendant’s twenty-three assignments of error and find them to be without merit.

Decree

Accordingly, defendant’s conviction and sentence are affirmed.

DENNIS, J., dissents.

TATE, J., dissents and assigns written reasons.

TATE, Justice,

dissenting.

I respectfully dissent on the basis of Assignments of Error Nos. 7, 9, 10, 11, 14, 17, and 19. These assignments represent questions and arguments by the prosecutor improperly summarizing evidentiary facts in the prosecutor’s files and not in evidence, and improperly commenting upon matters not in evidence. The extreme prejudice caused the accused by this repeated prose-cutorial excess was not cured by the court’s admonition to the jury for it to disregard (some of) the improprieties. The accused was denied a fair trial. The conviction should be reversed, and the case remanded for a new trial in accordance with the law.  