AVERY v. STATE

No. CR 80-195.

609 S.W.2d 52 (1980)

Gary L. AVERY, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

December 22, 1980.


Attorney(s) appearing for the Case

E. Alvin Schay, State Appellate Defender by Jackson Jones, Deputy Public Defender, Little Rock, for appellant.

Steve Clark, Atty. Gen., by C. R. McNair III, Asst. Atty. Gen., Little Rock, for appellee.


HOLT, Justice.

Appellant was convicted of second degree murder for the death of his 80 year old father and sentenced to 20 years imprisonment. He interposed the defense of not guilty by reason of insanity.

Appellant first asserts that the trial court erred in excluding the testimony of Dr. Charles Avery, appellant's first cousin, as to appellant's mental condition. Dr. Avery, a general practitioner, was presented as a nonexpert witness. See Ark.Stat.Ann. ...

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