ADKISSON, Chief Justice.
This appeal is from a judgment denying relief under Rule 37, Ark. Rules of Crim. Proc., on the ground that the petitioner was not in custody at the time the petition was filed.
In a jury trial on April 26, 1978, appellant, Orval Burkhart, was convicted of first degree assault and his punishment was fixed at $375.00, from which there was no appeal.
The "Scope of the Remedy" for proceedings under Rule 37 is confined to "a prisoner...
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