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ELSER v. STATE

No. CR 02-1297.

114 S.W.3d 168 (2003)

Mark Allen ELSER v. STATE of Arkansas.

Supreme Court of Arkansas.

May 8, 2003.

Attorney(s) appearing for the Case

Witt Law Firm, P.C., by: Ernie W. Witt, Ozark, for appellant.

Mark Pryor, Att'y Gen., by: Lauren Elizabeth Heil, Ass't Att'y Gen., for appellee.

JIM HANNAH, Justice.

Appellant Mark Elser was convicted of driving while intoxicated, first offense, after a jury trial in Crawford County Circuit Court. Elser appealed to the Arkansas Court of Appeals, arguing that the circuit court erred in denying his motion for mistrial where, during her opening statement, the prosecutor stated that Elser would testify. He also argued that the circuit court erred in refusing to allow Elser to present evidence of the results of...

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