JOHNSON v. STATE

No. CACR 88-230.

773 S.W.2d 450 (1989)

28 Ark.App. 256

James Wesley JOHNSON, Appellant, v. STATE of Arkansas, Appellee.

Court of Appeals of Arkansas, Division II.

June 28, 1989.


Attorney(s) appearing for the Case

Didi Harrison, Deputy Public Defender, Little Rock, for appellant.

Steve Clark, Atty. Gen. by Theodore Holder, Asst. Atty. Gen., Little Rock, for appellee.


JENNINGS, Judge.

James Wesley Johnson was found guilty by a Pulaski County jury of battery in the second degree. He was also found to have committed four previous felonies, and was sentenced by the circuit court to eight years imprisonment.

On appeal, Johnson argues that the evidence is not sufficient to support the conviction and that the court erred in refusing to give an instruction on battery in the third degree, a lesser included offense. We find sufficient...

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