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CLAYTON v. STATE

No. 5438.

447 S.W.2d 319 (1969)

Lemuel E. CLAYTON, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied December 22, 1969.

Attorney(s) appearing for the Case

Nick Wilson, Pocahontas, and Hugh Brown, Little Rock, for appellant.

Joe Purcell, Atty. Gen., Don Langston, Mike Wilson, Asst. Attys. Gen., Little Rock, for appellee.

JONES, Justice.

Lemuel E. Clayton was tried twice in the Randolph County Circuit Court on the charge of possessing an illicit whisky still and worm. On the first trial the jury was unable to agree on a verdict and on the second trial Clayton was found guilty and sentenced to one year in the Arkansas State Penitentiary. On appeal to this court Clayton relies on the following points for reversal:

"The verdict is against the evidence of the case and the court...

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