JOHNSON v. STATE

No. CR 94-615.

889 S.W.2d 764 (1994)

319 Ark. 78

Billy Ray JOHNSON, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

December 19, 1994.


Attorney(s) appearing for the Case

James R. Marschewski, Fort Smith, for appellant.

J. Winston Bryant, Atty. Gen., Little Rock, for appellee.


HAYS, Justice.

This case is before us on review of a decision by the Arkansas Court of Appeals, following our granting of the state's petition for certiorari. We accepted review because the en banc court of appeals' vote to deny a rehearing was three-to-three and the case requires resolution for the correct and uniform administration of the criminal law. A single point on review is presented by the State—whether the trial court was correct in refusing...

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