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HARKNESS v. STATE

No. CR 78-107.

590 S.W.2d 277 (1979)

Alfred D. HARKNESS, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied January 7, 1980.

Attorney(s) appearing for the Case

Thomas G. Montgomery, Public Defender and Frank C. Elcan II, Deputy Public Defender, West Memphis, for appellant.

Steve Clark, Atty. Gen. by Catherine Anderson, Asst. Atty. Gen., Little Rock, for appellee.

HICKMAN, Justice.

Alfred D. Harkness was convicted in the Crittenden County Circuit Court of burglary and attempted rape and sentenced to imprisonment for a total of thirty years.

He alleges four errors on appeal. The first regards an erroneous instruction and has merit requiring us to reverse his conviction. The others have none and will be mentioned only because they could arise on retrial.

The court allowed an in-court identification of Harkness...

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