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GARRETT v. STATE

No. 87-349.

744 S.W.2d 731 (1988)

294 Ark. 556

Charles Berry GARRETT, et ux., Appellants, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

February 22, 1988.

Attorney(s) appearing for the Case

Lynn H. Ball, San Diego, Cal., Dale Varner, Springdale, for appellants.

Theodore Holder, Asst. Atty. Gen., for appellee.

HAYS, Justice.

In 1981 Howard Dennis Garrett was charged with first degree battery of Diane Burr, a class B felony. His father, Charles Garrett, posted a $50,000 appearance bond to obtain Dennis Garrett's release pending trial. The bond was secured by a mortgage from Charles and Ruth Garrett on 2¼ acres of land in Benton County.

In 1982 Dennis Garrett was tried, convicted and sentenced to ten years in the Department of Correction. Garrett remained on...

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