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PRINCE v. LOCKHART

Nos. 92-1203, 92-1287.

971 F.2d 118 (1992)

Carl Dwayne PRINCE, Appellee, v. A.L. LOCKHART, Director, Arkansas Department of Correction, Appellant. Carl Dwayne PRINCE, Appellant, v. A.L. LOCKHART, Director, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 24, 1992.

Rehearing and Rehearing Denied September 22, 1992.

Attorney(s) appearing for the Case

Kelly Hook Hill, Asst. Atty. Gen., Little Rock, Ark., argued, for appellant.

Gary Person Fort Smith, Ark., argued, for appellee.

Before JOHN R. GIBSON, MAGILL, and BEAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied in No. 92-1203 September 22, 1992.

MAGILL, Circuit Judge.

The government appeals the district court's grant of a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1988), to Carl Dwayne Prince. Prince was convicted in state court of burglary of a pharmacy, Ark.Code Ann. § 5-39-201 (1987), and the underlying felony of theft of property. Ark.Code Ann. § 5-36-103 (1987). The district court granted the writ...

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