BUTLER v. STATE

No. CR76-184.

549 S.W.2d 65 (1977)

Edward BUTLER, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas, In Banc.

Rehearing Denied May 9, 1977.


Attorney(s) appearing for the Case

Malcolm R. Smith, Stuttgart, for appellant.

Jim Guy Tucker, Atty. Gen., by B. J. McCoy, Asst. Atty. Gen., Little Rock, for appellee.


GEORGE ROSE SMITH, Justice.

Edward Butler and Larry Hutcherson were jointly charged with a capital felony in the shooting of Ron Brooks, a state policeman acting in the line of duty. The offense occurred on February 27, 1975; so the information was filed under § 2(C) of Act 438 of 1973 rather than under § 41-1501(1)(b) of the Criminal Code, which did not become effective until January 1, 1976. Butler elected, however, to assert defenses under the new Code...

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