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FLURRY v. STATE

No. CR 86-105.

720 S.W.2d 699 (1986)

290 Ark. 417

Lonnie FLURRY, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

December 8, 1986.

Attorney(s) appearing for the Case

Person and Van Winkle, Fort Smith by J. Randolph Shock, for appellant.

Steve Clark, Atty. Gen., Little Rock by Connie Griffin, Asst. Atty. Gen., for appellee.

HICKMAN, Justice.

We granted review of the court of appeals' decision to reconcile the decisions of our two courts on the question of giving a lesser included offense instruction when there is no rational basis for it. In this case the court of appeals decided the trial court committed error when it refused to give a lesser included offense instruction. We reverse that decision. Flurry v. State, 18 Ark.App. 64,

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