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FIGHT v. STATE

No. CR73-44.

497 S.W.2d 262 (1973)

Johnny FIGHT, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

July 16, 1973.

Attorney(s) appearing for the Case

Don Langston, Public Defender by Hubert Graves, Deputy Public Defender, Fort Smith, for appellant.

Jim Guy Tucker, Atty. Gen., by Charles A. Banks, Asst. Atty. Gen., Little Rock, for appellee.

HARRIS, Chief Justice.

Appellant, Johnny Fight, was charged by Information with delivery of a controlled substance, a violation of Act No. 590 of 1971 (Ark.Stat.Ann. §§ 82-2601-38 (Supp. 1971). In Bennett v. State, 252 Ark. 128, 477 S.W.2d 497, this court held that this offense constituted a misdemeanor, rather than a felony. On trial, the jury found Fight guilty and assessed his punishment at imprisonment in the county...

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