FOGLEMAN, Justice.
Appellant seeks reversal of his conviction of the crime of malicious injury to graves or monuments. The charge is based on Ark.Stat.Ann. § 41-3706 (Repl. 1964). Under this act the wilful and malicious destruction, injury or defacement of any grave or monuments or the wilful and malicious removal or destruction of a monument constitutes a felony. Appellant argues three points for reversal. They are:
1. Error in refusal of his motion...
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