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BALENTINE v. STATE

No. CR 75-220.

535 S.W.2d 221 (1976)

E. G. BALENTINE, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

April 12, 1976.

Attorney(s) appearing for the Case

Herby Branscum, Jr., Perryville, for appellant.

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

JONES, Justice.

E. G. Balentine was convicted of perjury in the first degree (Ark.Stat.Ann. § 41-3001 [Repl.1964]) at a jury trial and was sentenced to the state penitentiary for a period of five years with four years suspended. On appeal to this court he has designated the points he relies on for reversal as follows:

"The trial court erred in denying appellant's motion to quash the indictment. The trial court erred in refusing to allow appellant...

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