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PENN v. STATE

No. CR 84-43.

681 S.W.2d 307 (1984)

284 Ark. 234

Allen Lynn PENN, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

December 17, 1984.

Attorney(s) appearing for the Case

William R. Simpson, Jr., Public Defender by Carolyn P. Baker, Deputy Public Defender, Little Rock, for appellant.

Steve Clark, Atty. Gen. by Velda P. West, Asst. Atty. Gen., Little Rock, for appellee.

HICKMAN, Justice.

Allen Lynn Penn was convicted of the capital murder of Anthony Faherty, a service station and convenience store clerk, who was shot during a robbery on February 8, 1983, in Little Rock, Arkansas. The death penalty was waived by the state and Penn was sentenced to life imprisonment without parole.

Penn raises three arguments on appeal. First he makes the argument that since Arkansas' capital murder and first degree murder statutes overlap...

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