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MODE v. STATE

No. 5011.

350 S.W.2d 675 (1961)

Lee MODE, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied December 4, 1981.

Attorney(s) appearing for the Case

Brazil & Brazil, Morrilton, Holt, Park & Holt, Little Rock, Hardin, Barton & Hardin, Fort Smith, for appellant.

J. Frank Holt, Atty. Gen., by Thorp Thomas, Asst. Atty. Gen., for appellee.

McFADDIN, Justice.

From a conviction of second degree murder for the homicide of D. L. Russell, Lee Mode prosecutes the present appeal. The first appeal is Mode v. State, 231 Ark. 477, 330 S.W.2d 88, wherein we recited the facts and held that the appellant had shown only one error in the trial, which error concerned an instruction. The cause was remanded and, on retrial, Mode was again convicted of second degree murder and now prosecutes...

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