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DuBOIS v. STATE

No. 5734.

494 S.W.2d 700 (1973)

Anderson Gene DuBOIS, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

May 21, 1973.

Attorney(s) appearing for the Case

Donald A. Forrest, West Memphis, for appellant.

Jim Guy Tucker, Atty. Gen., by Milton Lueken, Asst. Atty. Gen., Little Rock, for appellee.

JOE C. BARRETT, Special Justice.

OPINION

Anderson Gene DuBois was convicted of murder in the first degree in the Crittenden County Circuit Court and sentenced to death. While imposition of the death penalty was not constitutionally permissible, we would not reverse this case solely on that ground, but would remand it for resentencing in line with the procedure approved by this court in O'Neal v. State, 253 Ark. 574, 487 S.W.2d 618

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