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SPILLERS v. STATE

No. CR 80-22.

595 S.W.2d 650 (1980)

Larry Eugene SPILLERS, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied April 14, 1980.

Attorney(s) appearing for the Case

Duncan & Davis by A. Wayne Davis, Little Rock, for appellant.

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

HOLT, Justice.

A jury found appellant guilty of false imprisonment in the first degree (Ark.Stat. Ann. § 41-1703 [Repl.1977]) and battery in the first degree (Ark.Stat.Ann. § 41-1601 [Repl.1977]) and assessed his punishment at 3frac12; years and 9½ years, respectively.

Appellant contends that the trial court erred in failing to grant a mistrial when the prosecuting attorney was allowed to breach a pretrial agreement not to use the appellant...

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