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MURRAY v. STATE

No. 5487.

462 S.W.2d 438 (1971)

Dewey Ray MURRAY, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied February 15, 1971.

Attorney(s) appearing for the Case

Knox Kinney, Forrest City, for appellant.

Joe Purcell, Atty. Gen., Sam Gibson, Asst. Atty. Gen., Little Rock, for appellee.

HARRIS, Chief Justice.

Dewey Ray Murray, appellant herein, was convicted of murder in the first degree, and his punishment fixed at death by electrocution in accordance with the jury's verdict and Ark.Stat.Ann. § 41-2227 (Repl. 1964).1 From the judgment so rendered, appellant brings this appeal. For reversal, four points are asserted, as follows:

"1. The lower court erred in its refusal to instruct the jury on second degree...

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