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RHODEN v. STEPHENS

Nos. 5162, 5163.

395 S.W.2d 754 (1965)

David RHODEN, Appellant, v. Dan D. STEPHENS, Superintendent of Arkansas Prisons, Appellee. David RHODEN, Petitioner, v. STATE of Arkansas, Respondent.

Supreme Court of Arkansas.

November 22, 1965.

Attorney(s) appearing for the Case

Arnold & Arnold, Texarkana, Harkness & Harkness, Texarkana, Tex., for appellant.

Bruce Bennett, Atty. Gen., by Joe Bell, Asst. Atty. Gen, Little Rock, for appellee.

GEORGE ROSE SMITH, Justice.

David Rhoden was convicted of murder and sentenced to life imprisonment. After the trial his attorneys, appointed by the court, applied for a new trial on the ground that an ineligible juror had served in the case. The court denied the application. By appeal and certiorari the matter has been brought to us for review. Opposing counsel have agreed that Rhoden's appeal on the merits, Case No. 5118, Rhoden v. State, will be deferred until...

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