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  5. 581 S.W.2d 339 (1979)
 

MEARS v. ARKANSAS STATE HOSPITAL

No. 79-5.

581 S.W.2d 339 (1979)

Roger MEARS, County Judge, Pulaski County, Arkansas, Appellant, v. ARKANSAS STATE HOSPITAL, Appellee.

Supreme Court of Arkansas, Division 2.

May 29, 1979.

Attorney(s) appearing for the Case

Wilbur C. "Dub" Bentley, Pros. Atty., Little Rock, for appellant; John Wesley Hall, Jr., Deputy Pros. Atty., Little Rock, of counsel.

Hall, Tucker, Lovell & Alsobrook, Benton, for appellee.

HOLT, Justice.

The issue on this appeal is the interpretation of Ark.Crim.Code § 41-605(9) (1976). Before its amendment in 1977, it read in pertinent part: "The compensation of persons making or assisting in the examination. . shall be paid by the state." This statute was in effect between January, 1976, and June, 1977. During this time the appellee hospital billed Pulaski County for the "necessary maintenance costs of room and board" for 54 criminal defendants...

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