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STATE v. RIGGS

No. CR 90-281.

807 S.W.2d 32 (1991)

305 Ark. 217

STATE of Arkansas, Appellant, v. Gary RIGGS, Appellee.

Supreme Court of Arkansas.

April 15, 1991.

Attorney(s) appearing for the Case

Clint Miller, Asst. Atty. Gen., Little Rock, for appellant.

David M. Clark, Batesville, for appellee.

HAYS, Justice.

Arkansas Code Ann. § 5-37-525 (Supp.1989) makes it a crime for a contractor or subcontractor to knowingly refuse to pay for materials. The trial court held the statute unconstitutional and the state appeals. We affirm.

Appellee, Gary Riggs, was arrested on two misdemeanor counts of defrauding a materialman under § 5-37-525 for failing to pay for materials totalling $3,729.77. Riggs was convicted in municipal court on both counts. Riggs...

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