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CAMPBELL v. STATE

No. CR78-132.

572 S.W.2d 845 (1978)

Robert Franklin CAMPBELL, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas, In Banc.

November 13, 1978.

Attorney(s) appearing for the Case

Don R. Langston, Fort Smith, for appellant.

Bill Clinton, Atty. Gen. by Ray E. Hartenstein, Asst. Atty. Gen., Little Rock, for appellee.

BYRD, Justice.

Appellant was convicted of a Class "B" Felony—i.e. theft by receiving a stolen Mercedes-Benz automobile having a value of $10,000 or more. He subsequently, pursuant to Criminal Procedure Rule 37, filed a post-conviction petition to collaterally attack his sentence for the following reasons:

"1. The trial court erred in not declaring a mistrial when Linda Harris, a witness for the State entered the jury room while the Court was...

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