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SWAITE v. STATE

No. CR 80-222.

612 S.W.2d 307 (1981)

Walter Talmadge SWAITE and Tommy Lynn Swaite, Appellants, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

March 9, 1981.

Attorney(s) appearing for the Case

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

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

ADKISSON, Chief Justice.

After a trial by jury, appellants, Walter Swaite and Tommy Swaite, were each convicted and sentenced to five years for aggravated robbery and ten years for the attempted capital murder of Bill Junkin, and to one year for the aggravated assault of Glenda Junkin, and to one year for the aggravated assault of Connie Craft.

On the night of January 4, 1980, two men wearing ski masks entered a liquor store in Harrisburg. One had a .38 caliber...

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