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McILWAIN v. STATE

No. 4851.

294 S.W.2d 350 (1956)

Douglas B. McILWAIN, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

October 22, 1956.

Attorney(s) appearing for the Case

Claude F, Cooper, Blytheville, Harry E. McDermott, Jr., and Spitzberg, Mitchell & Hays, Little Rock, for appellant.

Tom Gentry, Atty. Gen, Ben J. Harrison, Asst. Atty. Gen, for appellee.

GEORGE ROSE SMITH, Justice.

The appellant was charged by information with having unlawfully possessed marihuana on November 19, 1954. The information also invoked the habitual criminal statute by asserting that the accused had been convicted in Texas of assault with intent to rob and had been convicted by a federal court in Tennessee of having been an unlawful transferee of marihuana. The court instructed the jury in the language of Act 258 of 1937, which provided...

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