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TURNER v. STATE

No. 5618.

473 S.W.2d 904 (1971)

Dennis TURNER, Appellant, v. The STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied January 10, 1972.

Attorney(s) appearing for the Case

Tackett, Moore, Dowd & Harrelson, Autrey & Weisenberger, Texarkana, for appellant.

Ray Thornton, Atty. Gen., Henry Ginger, Asst. Atty. Gen., Little Rock, for appellee.

FOGLEMAN, Justice.

This is the second time Dennis Turner has appealed from an order denying his motion to dismiss an indictment for robbery of Larry Wayne Yates. In both motions he asserted that he was entitled to a dismissal of the indictment because he had been acquitted of the murder of Yates while perpetrating the very robbery with which he was charged in the indictment he seeks to have dismissed. The first motion was based upon a plea of double jeopardy and res...

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