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UPTON v. STATE

No. CR 74-97.

516 S.W.2d 904 (1974)

Harold S. UPTON, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

December 23, 1974.

Attorney(s) appearing for the Case

Mays & Landers, El Dorado, for appellant.

Jim Guy Tucker, Atty. Gen. by Jack T. Lassiter, Asst. Atty. Gen., Little Rock, for appellee.

FOGLEMAN, Justice.

This appeal comes from a retrial of appellant Upton on a charge of first degree murder of Woodrow DeFee alleged to have been committed in the perpetration of a robbery, after our reversal of his conviction in Upton v. State, 254 Ark. 664, 497 S.W.2d 696. The points for reversal here are:

I. The Trial Court erred in refusing to grant defendant's motion to quash and dismiss relative to the appointment of...

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