
    STATE of Louisiana v. Doris RUSH.
    No. 60124.
    Supreme Court of Louisiana.
    Dec. 16, 1977.
    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.
   PER CURIAM.

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.

SUMMERS, J.,

dissents.

In my view there is “some” evidence to sustain the conviction — the only issue before this court. Accordingly, the conviction should be sustained.  