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VIAR v. STATE

No. CA CR 80-12.

601 S.W.2d 579 (1980)

Leroy VIAR, Appellant, v. STATE of Arkansas, Appellee.

Court of Appeals of Arkansas.

June 18, 1980.

Attorney(s) appearing for the Case

Jeff Duty, Rogers, and Charles E. Hanks and Wyman R. Wade, Jr. by Wyman R. Wade, Jr., Fayetteville, for appellant.

Steve Clark, Atty. Gen., by Mary Davies Scott, Asst. Atty. Gen., Little Rock, for appellee.

WRIGHT, Chief Judge.

The appellant Leroy Viar was charged with battery in the first degree, and at trial was convicted by a jury of the lesser included offense of battery in the second degree, and a $2,000.00 fine was imposed. He appeals contending only for reversal the trial court erred in failing to instruct the jury on the meaning of the word recklessly.

The court's instruction on battery in the second...

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