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STATE v. BROWN

No. CR78-164.

577 S.W.2d 581 (1979)

STATE of Arkansas, Appellee and Cross-Appellant, v. Gary Lee BROWN, Appellant and Cross-Appellee.

Supreme Court of Arkansas, Division 2.

As Modified on Denial of Rehearing March 19, 1979.

Attorney(s) appearing for the Case

Bill Clinton, Atty. Gen., by Joyce Williams Warren, Asst. Atty. Gen., Little Rock, for appellant.

Pearce & Robinson, Fort Smith, for appellee.

HICKMAN, Justice.

Gary Lee Brown was convicted of selling an obscene film in violation of Ark.Stat. Ann. § 41-3578, et sequentes, (Repl.1977), and fined $1,000.00.

Brown appeals alleging he was improperly charged with a violation of that statute which was repealed by Act 464 of 1977 (Ark.Stat.Ann. § 41-3501 et seq.). We agree with Brown's argument in this regard.

The State on cross-appeal alleges the trial court improperly instructed...

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