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McCONAHAY v. STATE

No. CR 74-99.

516 S.W.2d 887 (1974)

Richard S. McCONAHAY, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied January 20, 1975.

Attorney(s) appearing for the Case

F. James Jefferson, Green Forest, for appellant.

Jim Guy Tucker, Atty. Gen., by O. H. Hargraves, Asst. Atty. Gen. and Arthur John Anderson, Jr., Deputy Atty. Gen., Little Rock, for appellee.

HOLT, Justice.

A jury first determined appellant guilty of grand larceny. Then pursuant to the habitual offender act, Ark.Stat.Ann. § 43-2328 (Supp.1973), documents evidencing four previous convictions were introduced and appellant's punishment was assessed by the jury at 31½ years, the maximum, in the Department of Correction. Appellant asserts for reversal that the court erred in allowing the jury to consider...

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