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BUTLER v. STATE

No. CR78-80.

570 S.W.2d 272 (1978)

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

Supreme Court of Arkansas, Division 1.

September 18, 1978.

Attorney(s) appearing for the Case

Malcolm R. Smith, Stuttgart, for appellant.

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

HOLT, Justice.

This appeal is a sequel to Butler v. State, 261 Ark. 369, 549 S.W.2d 65 (1977). There we affirmed appellant's conviction of capital felony murder and his sentence to life imprisonment without parole. However, since appellant was not allowed to be personally present at a post-trial proceeding to settle the record, which was necessary because the court reporter's tape recording of the trial was destroyed by fire...

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