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BENNETT v. STATE

No. CR 89-149.

789 S.W.2d 436 (1990)

302 Ark. 179

Richard G. BENNETT, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

April 30, 1990.

Attorney(s) appearing for the Case

W. Asa Hutchinson, Fort Smith, for appellant.

J. Brent Standridge, Asst. Atty. Gen., Little Rock, for appellee.

DUDLEY, Justice.

This case is on appeal for the second time. The appellant, Richard G. Bennett, previously was found guilty of first degree murder and sentenced to life imprisonment. We reversed that conviction, holding that it was prejudicial error to admit prosecution testimony by deposition in the absence of a showing of unavailability of the witness. Bennett v. State, 297 Ark. 115, 759 S.W.2d 799

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