METCALF v. STATE

No. CACR10-570.

2011 Ark. App. 55

Theodore METCALF, Appellant, v. STATE of Arkansas, Appellee.

Court of Appeals of Arkansas, Division III.

Opinion Delivered January 26, 2011.


ROBIN F. WAYNE, Judge.

Theodore Metcalf appeals from his conviction on a charge of first-degree battery. Appellant was tried by the Pulaski County Circuit Court, sitting without a jury. On appeal, appellant argues that the trial court erred by denying his motion to dismiss. Specifically, appellant argues that the State failed to prove that he was not justified in shooting the victim. We disagree and affirm.

On May 15, 2009, the State filed a felony information...

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