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DAILEY v. STATE

No. 5594.

468 S.W.2d 238 (1971)

James DAILEY, Jr., and Ralph William Erwin, Appellants, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

June 21, 1971.

Attorney(s) appearing for the Case

Wiggins & Christian, Fort Smith, for appellants.

Ray Thornton, Atty. Gen., Garner L. Taylor, Jr., Asst. Atty. Gen., Little Rock, for appellee.

GEORGE ROSE SMITH, Justice.

The two appellants, James Dailey, Jr., and Ralph William Erwin, were charged with having unlawfully dynamited a building in Fort Smith. Ark.Stat.Ann. § 41-4237 (Repl.1964). The jury found both men guilty and assessed the same punishment for each of them: A fine of $2,000 and imprisonment for 15 years. Each appellant argues a single point for reversal.

Dailey contends that the trial court erred in refusing to suppress part of...

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