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MODE v. BARNETT

No. 5-2786.

361 S.W.2d 525 (1962)

Lee MODE, Appellant, v. Clida Russell BARNETT, Adm'x of the Estate of D. L. Russell, Deceased, and as Guardian of Jerry Russell, et al., Appellees.

Supreme Court of Arkansas.

November 5, 1962.

Attorney(s) appearing for the Case

Hardin, Barton & Hardin, Fort Smith, for appellant.

Gordon & Gordon, Morrilton, Howell, Price & Worsham, Little Rock, for appellees.

HARRIS, Chief Justice.

This litigation stems from the killing of D. L. Russell by Lee Mode, appellant herein.1 Suit was instituted by Clida Russell Barnett, Administratrix in Succession of the estate of D. L. Russell, and as Guardian and next friend of Jerry Russell, Don Russell, Ferrell Russell and Darrell Russell, minor sons of the deceased. Count I of the complaint alleged that Russell and his wife, Mildred Sellars Russell, lived happily...

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