FRENCH v. STATE

No. CR 73-154.

506 S.W.2d 820 (1974)

Barbara Railsback FRENCH, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

March 25, 1974.


Attorney(s) appearing for the Case

Ball, Gallman & Martin, Fayetteville, for appellant.

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


FOGLEMAN, Justice.

We find it necessary to reverse the judgment of conviction of appellant of the crime of Possession of a Controlled Substance with Intent to Deliver in violation of Act 67 of 1972 [Ark.Stat.Ann. § 82-2617 (Supp.1973)] because of the giving of an instruction to the jury which amounted to a comment on the evidence prohibited by Art. 7, Sec. 23 of the Constitution of Arkansas. The instruction was virtually a verbatim recitation of Act 68 of 1972...

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