JONES, Justice.
The appellant, Carl Wendell Akins, was charged with the crimes of unlawfully opening a coin operated vending machine under provisions of Ark.Stat.Ann. § 41-3944 (Repl.1964), and with escape under the provisions of Ark.Stat.Ann. § 41-3513 (Supp.1971). He waived a jury trial in the Pulaski County Circuit Court and was tried before the trial judge sitting as a jury. He was acquitted on the vending machine charge but was convicted on the escape...
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