BARKSDALE v. STATE

No. CR77-53.

555 S.W.2d 948 (1977)

Nathaniel BARKSDALE, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas, Division 1.

October 3, 1977.


Attorney(s) appearing for the Case

Hunt & Jamison by Leon N. Jamison, Pine Bluff, for appellant.

Bill Clinton, Atty. Gen., by Joseph H. Purvis, Asst. Atty. Gen., Little Rock, for appellee.


ROY, Justice.

Appellant Nathaniel Barksdale was found guilty of the offense of burglary in violation of Ark.Crim.Code § 41-2002 (1976). He also was found to be a habitual offender, and the sentence imposed was nine years.

On appeal Barksdale's only allegation of error is that the trial court erred in refusing to submit to the jury his proffered instruction that the offense of breaking or entering is a lesser included offense of burglary.

The record...

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