NEELY v. STATE

No. CA CR 86-6.

711 S.W.2d 482 (1986)

18 Ark.App. 122

Charles NEELY, Appellant, v. STATE of Arkansas, Appellee.

Court of Appeals of Arkansas.

June 25, 1986.


Attorney(s) appearing for the Case

William R. Simpson, Jr., Public Defender by Thomas B. Devine III, Deputy Public Defender, Little Rock, for appellant.

Steve Clark, Atty. Gen. by Mary Beth Sudduth, Asst. Atty. Gen., Little Rock, for appellee.


COOPER, Judge.

The appellant was charged with the offense of aggravated assault, under Ark. Stat.Ann. § 41-1604 (Repl.1977), and with being a habitual offender, under Ark.Stat. Ann. § 41-1001 (Supp.1985). After a non-jury trial, the appellant was convicted and sentenced to five years in the Arkansas Department of Correction. The appellant's sole contention on appeal is that the trial court erred in refusing to reduce the charge to assault in the first degree...

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