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HEARD v. STATE

No. CR 80-133.

612 S.W.2d 312 (1981)

Ollis HEARD, Hollis Heard, and Richard Ferguson, Appellants, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

March 9, 1981.

Attorney(s) appearing for the Case

John C. Johnson, Jr., Texarkana, for appellants.

Steve Clark, Atty. Gen., by Victra L. Fewell, Asst. Atty. Gen., Little Rock, for appellee.

GEORGE ROSE SMITH, Justice.

The three appellants, Ollis and Hollis Heard, twins, and Richard Ferguson, were charged with burglary, with theft of property, and with having two or more previous felony convictions each. At the end of the first stage of a bifurcated trial the court submitted verdict forms only with respect to burglary, overlooking the charge of theft of property. Consequently the jury found the defendants guilty only of burglary. Nevertheless, in the...

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