SMITH v. STATE

No. CR 83-24.

649 S.W.2d 400 (1983)

279 Ark. 146

Harvey Lee SMITH, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

May 2, 1983.


Attorney(s) appearing for the Case

William R. Simpson, Jr., Public Defender by Jerome Kearney, Deputy Public Defender, Little Rock, for appellant.

Steve Clark, Atty. Gen. by William C. Mann, III, Asst. Atty. Gen., Little Rock, for appellee.


GEORGE ROSE SMITH, Justice.

On conviction for aggravated robbery and first degree battery the appellant was sentenced to consecutive 25-year and 20-year sentences. His only argument for a new trial is that the trial judge should not have admitted his confession into evidence. We agree with the trial judge.

When the appellant and a companion attempted to hold up a grocery store, the proprietor thwarted the attempt by opening fire with his own gun, hitting Smith...

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