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HICKEY v. STATE

No. CR78-17.

569 S.W.2d 64 (1978)

Roy Lee HICKEY, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas, In Banc.

Concurring Opinion On Denial of Rehearing September 5, 1978.

Attorney(s) appearing for the Case

John W. Achor, Public Defender by William R. Simpson, Jr., Deputy Public Defender, Little Rock, for appellant.

Bill Clinton, Atty. Gen. by Jesse L. Kearney, Asst. Atty. Gen., Little Rock, for appellee.

HOWARD, Justice.

Appellant was convicted of burglary and theft of property in the Circuit Court of Pulaski County, Arkansas, and was sentenced to the Department of Correction for a term of five years on each charge and the sentences are to run concurrently. The appellant was tried before the court sitting without a jury.

During the trial, Sergeant Bobby L. Ward of the North Little Rock Police Department, testified...

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