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BROOKS v. STATE

No. CR 74-40.

511 S.W.2d 654 (1974)

Thelbert BROOKS, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

July 22, 1974.

Attorney(s) appearing for the Case

Harold L. Hall, Public Defender By: Robert L. Lowery, Deputy Public Defender, Little Rock, for appellant.

Jim Guy Tucker, Atty. Gen. by O. H. Hargraves, (G.L.) Deputy Atty. Gen., Little Rock, for appellee.

FOGLEMAN, Justice.

Appellant seeks reversal of his conviction for possession of marijuana with intent to sell upon the basis that the trial court's instruction No. 7 amounted to a comment upon the evidence prohibited by Article 7, Section 23 of the Constitution of Arkansas. The instruction was virtually in the words of Ark.Stat.Ann. § 82-2617(d) [Supp. 1973]. Appellant relies upon French v. State, 256 Ark. ___, 506 S.W.2d 820

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