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DAVIS v. STATE

No. CA CR 79-150.

599 S.W.2d 424 (1980)

William DAVIS, Appellant, v. STATE of Arkansas, Appellee.

Court of Appeals of Arkansas.

April 30, 1980.

Attorney(s) appearing for the Case

Hubert L. Burch, Charles E. Hanks and Wyman R. Wade, Jr. by Wyman R. Wade, Jr., Fayetteville, for appellant.

Joseph H. Purvis, Deputy Atty. Gen., Little Rock, for appellee.

NEWBERN, Judge.

The main issue in this case is whether the court abused its discretion in refusing to grant a severance to one of two criminal co-defendants where their testimony was mutually antagonistic. A second question is whether the court had a duty to instruct the jury with respect to suspension of sentence. We hold there was neither a duty to sever the defendants nor to instruct on suspension of sentence.

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