HARRIS v. STATE

CA CR 90-350.

819 S.W.2d 30 (1991)

36 Ark.App. 120

Frederick Eugene HARRIS, Appellant, v. STATE of Arkansas, Appellee.

Court of Appeals of Arkansas, Division II.

November 20, 1991.


Attorney(s) appearing for the Case

Thomas D. Deen, Dermott, for appellant.

Sandy Moll, Asst. Atty. Gen, Little Rock, for appellee.


CRACRAFT, Chief Judge.

Frederick Eugene Harris appeals from his conviction at a jury trial of battery in the second degree. He contends that the trial court erred in admitting as substantive evidence an unsworn prior inconsistent statement of a State's witness. We agree and reverse.

On December 3, 1989, Damon Spencer was shot in the stomach during an altercation that took place on the parking lot of a nightclub in Monticello. As a result of the wound, Damon...

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