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PATRICK v. LINEBERGER

No. CR 78-213.

576 S.W.2d 191 (1979)

Hubert Lee PATRICK, Jr., Petitioner, v. John LINEBERGER, Judge, Respondent.

Supreme Court of Arkansas, In Banc.

Rehearing Denied April 23, 1979.

Attorney(s) appearing for the Case

Guy Jones, Jr., Conway, for petitioner.

Steve Clark, Atty. Gen. by Ray E. Hartenstein, Asst. Atty. Gen., Little Rock, for respondent.

FOGLEMAN, Justice.

Petitioner Hubert Lee Patrick, Jr. was charged with the offense of murder in the second degree under Ark.Stat.Ann. § 41-2206 (Repl.1964) by information filed by the prosecuting attorney on September 15, 1978. He was charged with having beaten the head of Charles W. Fitzgerald against a concrete wall on the 5th day of July, 1973. It was also alleged in the information that Fitzgerald died on January...

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