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HARDING v. STATE

No. 5513.

455 S.W.2d 695 (1970)

Don E. HARDING and Thomas M. Hildebrandt, Appellants, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

June 29, 1970.

Attorney(s) appearing for the Case

Odell C. Carter, Star City, for appellants.

Joe Purcell, Atty. Gen., Milton R. Lueken, Asst. Atty. Gen., Little Rock, for appellee.

JONES, Justice.

Don E. Harding and Thomas M. Hildebrandt were convicted in the Lincoln County Circuit Court of the crime of attempt to escape. They were sentenced to three years in the penitentiary and on appeal to this court rely on the following points for reversal:

"These cases should be reversed and dismissed since the trial court refused to take any action upon the Motion for a new trial until the next term...

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