VAIL v. STATE

No. CA CR 79-99.

593 S.W.2d 491 (1980)

Roy VAIL, James Vail and Ronald Adcock, Appellants, v. STATE of Arkansas, Appellee.

Court of Appeals of Arkansas.

Released for Publication February 6, 1980.


Attorney(s) appearing for the Case

A. James Linder, Hamburg, for appellants.

Steve Clark, Atty. Gen., by Dennis R. Molock, Asst. Atty. Gen., Little Rock, for appellee.


Released for Publication by the Court of Appeals February 6, 1980.

NEWBERN, Judge.

The appellants were charged with first degree battery and were found guilty of the lesser included offense of third degree battery, a class A misdemeanor. Ark. Stat.Ann., § 41-1603 (Repl.1977). In points one, two and four of their brief, the appellants argue insufficiency of the evidence as a basis for conviction, error by the court in failure to instruct a verdict...

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