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McCABE v. STATE

No. 5383.

434 S.W.2d 277 (1968)

Larry McCABE and Wayne Cooper Willhite, Appellants, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

December 9, 1968.

Attorney(s) appearing for the Case

Harold Hall, Little Rock, for appellants.

Joe Purcell, Atty. Gen., Don Langston, Asst. Atty. Gen., Little Rock, for appellee.

GEORGE ROSE SMITH, Justice.

The appellants, McCabe and Willhite, were convicted of grand larceny for having stolen a color television set from the Broadway Motel in North Little Rock and were each sentenced to six years in prison. The principal question is whether the court correctly refused a requested defense instruction telling the jury that if they found Kenny Gross to have been an accomplice they could not convict the defendants upon

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