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NEWBERRY v. STATE

No. CR 77-23.

551 S.W.2d 199 (1977)

Gary P. NEWBERRY, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas, In Banc.

Rehearing Denied June 27, 1977.

Attorney(s) appearing for the Case

Lohnes T. Tiner, Harrisburg, for appellant.

Bill Clinton, Atty. Gen. by Terry R. Kirkpatrick, Asst. Atty. Gen., Little Rock, for appellee.

GEORGE ROSE SMITH, Justice.

Charged with possession of marihuana, Newberry was first convicted in municipal court and sentenced to six months in jail and a $500 fine. The municipal judge suspended five months and nine days of the jail sentence and half of the fine. Newberry appealed to the circuit court, where he was again convicted and sentenced to six months in jail and a $250 fine, without any suspension. He asserts three points for reversal.

First, the...

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