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STACY v. STATE

No. 4884.

306 S.W.2d 852 (1957)

Alvin Lee STACY and Elmer Rusher, Appellants, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

November 18, 1957.

Attorney(s) appearing for the Case

Eugene Coffelt, Bentonville, Claude Duty and Jeff Duty, Rogers, for appellants.

Bruce Bennett, Atty. Gen., Thorp Thomas, Asst. Atty. Gen., for appellee.

MILLWEE, Justice.

The defendants, Alvin Stacy and Elmer Rusher, were jointly charged, tried and convicted of the crime of involuntary manslaughter in the killing of W. L. Miser on January 9, 1957. Punishment was fixed by the jury at three years in the penitentiary with a recommendation that the sentences be suspended. The trial court suspended two years of Stacy's sentence and one year of Rusher's sentence and entered judgment accordingly. Both have appealed.

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