WITHAM v. STATE

No. CR 75-26.

524 S.W.2d 244 (1975)

Johnny Gilbert WITHAM, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

June 23, 1975.


Attorney(s) appearing for the Case

Harmon & Holthoff by Daniel H. Harmon, Jr., Benton, for appellant.

Jim Guy Tucker, Atty. Gen. by Gary Isbell, Asst. Atty. Gen., Little Rock, for appellee.


HOLT, Justice.

A jury found appellant guilty of first degree murder and his punishment was assessed at life imprisonment in the Department of Correction. We first consider appellant's contention by his present counsel that the evidence is insufficient to establish premeditation and deliberation, which are essential elements of first degree murder. On appellate review we consider only that evidence most favorable to the appellee and affirm if there is any substantial...

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