DAVID v. STATE

No. CR 79-132.

601 S.W.2d 864 (1980)

Samuel Edward DAVID, Jr., Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

July 7, 1980.


Attorney(s) appearing for the Case

James C. Campbell, Hot Springs, for appellant.

Steve Clark, Atty. Gen. by James F. Dowden, Asst. Atty. Gen., Little Rock, for appellee.


PURTLE, Justice.

Appellant was convicted by a jury on June 27, 1977, on four charges of robbery by the use of a firearm. In the bifurcated trial, he received a sentence of 25 years as a habitual offender with three prior felony convictions.

On appeal it is argued that the court erred in: (1) allowing the state to introduce as evidence in chief the testimony of a witness at a prior trial; (2) holding the witness "unavailable" due to loss of memory; (3) refusing...

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