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GRIGGS v. STATE

No. CR 83-119.

658 S.W.2d 371 (1983)

280 Ark. 339

Buddy GRIGGS et al, Appellants, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied November 7, 1983.

Attorney(s) appearing for the Case

Charles A. Potter, Texarkana, for appellants.

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

GEORGE ROSE SMITH, Justice.

After a non-jury trial the three appellants, brothers, were found guilty of thirddegree battery and sentenced to fines of $750 and to a year in jail, with nine months suspended. The defendants were represented by trial attorneys in the court below, but the record does not show that the defendants personally waived a jury trial either in writing or in open court, as contemplated by A.R.Cr.P. Rules 31.1 and 31.2. There is no assertion that...

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