HARMON v. STATE

No. CR82-7.

641 S.W.2d 21 (1982)

277 Ark. 265

Joe HARMON, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

November 1, 1982.


Attorney(s) appearing for the Case

Hixson, Cleveland & Rush by Coy J. Rush, Jr. and Herschel W. Cleveland, Paris, for appellant.

Steve Clark, Atty. Gen. by Matthew Wood Fleming, Asst. Atty. Gen., Little Rock, for appellee.


GEORGE ROSE SMITH, Justice.

The appellant, Joe Harmon, was charged with capital felony murder in that he and two younger men, J.D. Phillips, aged 17, and David Michael Turner, aged 22, kidnapped and shot Ricky Bennett on January 23, 1981. After the jury had been sworn the trial court committed reversible error, albeit reluctantly, by permitting the prosecutor to amend the information to add alternatively that the murder was committed in the course of robbery. The...

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