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CUMMINGS v. STATE

No. 5134.

396 S.W.2d 298 (1965)

Jesse CUMMINGS and John Teal, Appellants, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

November 29, 1965.

Attorney(s) appearing for the Case

Skillman & Webb, West Memphis, for appellants.

Bruce Bennett, Atty. Gen, by Farrell E. Faubus, Asst. Atty. Gen, Little Rock, for appellee.

McFADDIN, Justice.

The appellants, Jesse Cummings and John Teal, were jointly charged, tried, and convicted of the possession of burglary tools (Ark.Stat.Ann. § 41-1006 [Repl. 1964]). They bring this appeal assigning nine points for reversal, and we will mention only those which seem to possess any merit.

I. Habitual Criminal Statute. In their Point No. II the appellants say:

"The Court erred...

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