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STATE v. BRUTON

Nos. 5372, 5373.

437 S.W.2d 795 (1969)

STATE of Arkansas, Appellant, v. Jim BRUTON, Appellee. STATE of Arkansas, Appellant, v. Jim BRUTON, E. L. Fletcher and Jess Wilson, Appellees.

Supreme Court of Arkansas.

March 3, 1969.

Attorney(s) appearing for the Case

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

Reinberger, Eilbott, Smith & Staten, Pine Bluff, for appellees, Bruton and Wilson.

Douglas Bradley, Jonesboro, and Hartman Hotz, Fayetteville, for appellee Fletcher.

JOHN C. DEACON, Special Chief Justice.

Appellees, employees of the Arkansas penitentiary, were charged by information in two cases with administering excessive punishment to prisoners in October 1964 and January 1965 in violation of Arkansas Statutes 46-158. The appellees filed a demurrer and motion to dismiss, alleging that the statute was void because of an unconstitutional delegation of legislative power. The trial court agreed and dismissed the cases and the state...

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