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LEGGETT v. KIRBY

No. 5-2100.

331 S.W.2d 267 (1960)

Emmett Earl LEGGETT, Petitioner, v. William J. KIRBY, Judge, Respondent.

Supreme Court of Arkansas.

Dissenting Opinion January 28, 1960.

Rehearing Denied February 22, 1960.

Attorney(s) appearing for the Case

Kenneth C. Coffelt, Little Rock, for petitioner.

Bruce Bennett, Atty. Gen., and Thorp Thomas, Asst. Atty. Gen., Little Rock, for respondent.

GEORGE ROSE SMITH, Justice.

On January 25, 1956, three informations against the petitioner were filed, one charging murder in the first degree and the other two charging separate offenses of rape. The murder case was tried in June, 1956. The jury found the defendant guilty and imposed the death sentence. Leggett v. State, 227 Ark. 393, 299 S.W.2d 59. Since then the petitioner has been confined to the death cell in the state penitentiary...

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