CLEM v. LOCKHART

No. 75-1610.

525 F.2d 1192 (1975)

Leonard Elgy CLEM and Ernest Odell Gilbert, Appellants, v. A. L. LOCKHART, Superintendent, Cummins Unit, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 8, 1975.


Attorney(s) appearing for the Case

Michael O. Parker, Davidson, Plastiras & Horne, Ltd., Little Rock, Ark., for appellants.

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

Before LAY, STEPHENSON and WEBSTER, Circuit Judges.


PER CURIAM.

Appellants were convicted of burglary in Pulaski County, Arkansas Circuit Court. After their convictions were announced, evidence was presented to show that Clem and Gilbert had each committed at least three prior felonies. No objection was made to the introduction of this evidence. Pursuant to the Arkansas Habitual Offender Act, Ark.Stat.Ann. § 43-2328 (Supp.1973), each man was given a 31 year prison...

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