A MAN has been charged with murder following an alleged street attack in Burnley which left a man dead.

Derek Lomas, 21, appeared before magistrates in Burnley yesterday charged with killing Damien Smyth in an assault last October.

Mr Smyth died in Burnley General Hospital on Sunday, five months after he was discovered with his injuries.

The 29-year-old, of an undisclosed address in the town, was found unconscious by a passer-by in Albert Street, near the junction with Ridge Road at 3am on October 9, 2004.

He was taken to Burnley General Hospital suffering from head injuries and later transferred to Hope Hospital, Salford, for specialist treatment.

He was transferred back to Burnley, where he died on Sunday morning.

Lomas, originally from Cumbria, but living at an address in Burnley at the time of the alleged assault, was originally charged with wounding, but following Mr Smyth's death was re-interviewed and charged with the more serious offence.

He was remanded in custody by magistrates and will appear before a judge at Preston Crown Court next week.