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SMITH v. STATE

No. CR 73-172.

507 S.W.2d 110 (1974)

Oscar William SMITH, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

April 1, 1974.

Attorney(s) appearing for the Case

Buford Gardner, Jr., Public Defender, Harrison, for appellant.

Jim Guy Tucker, Atty. Gen. by Richard Mattison, Asst. Atty. Gen., Little Rock, for appellee.

GEORGE ROSE SMITH, Justice.

The appellant Smith, charged with first-degree murder in the shooting of Robert Ray, testified that he acted in self-defense. The jury rejected that theory and found Smith guilty of second-degree murder, imposing a 21-year sentence.

The evidence is amply sufficient to support the verdict. In fact, the proof would have supported a first-degree conviction. The decedent, 80, was 24 years...

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