MENARD v. CITY OF CARLISLE

No. CR 91-282.

834 S.W.2d 632 (1992)

309 Ark. 522

Charles B. MENARD, Appellant, v. CITY OF CARLISLE, Arkansas, Appellee.

Supreme Court of Arkansas.

June 8, 1992.


Attorney(s) appearing for the Case

Russell D. Berry, Dewitt, for appellant.

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


DUDLEY, Justice.

We affirm the judgment of conviction for driving while under the influence of intoxicants. The primary issue is whether A.R.E. Rule 615, the witness sequestration rule, is waived when counsel fails to ask for "the rule" before the testimony begins.

The State's first witness in its case-in-chief had answered a few preliminary questions when appellant's counsel asked for the rule. The city attorney objected and said it was "too late now." The...

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