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CASSIDY v. STATE

No. CR 73-53.

496 S.W.2d 376 (1973)

Steven A. CASSIDY and Harry Jack Robel, Appellants, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

July 2, 1973.

Attorney(s) appearing for the Case

Harold L. Hall, Public Defender by Robert L. Lowery, Little Rock, for appellants.

Jim Guy Tucker, Atty. Gen. by James W. Atkins, Asst. Atty. Gen., Little Rock, for appellee.

BYRD, Justice.

Appellants Steve Cassidy and Harry Jack Robel while inmates of the Pulaski County Penal Farm were charged with attempting to burn a building contrary to Ark.Stat.Ann. § 41-504 (Repl.1964). On October 4, 1972, the jury found them guilty and assessed their punishment at 5 years imprisonment in the State Department of Corrections. For reversal they contend that State's Instruction No. 1 as amended was abstract and that it contained an inherently erroneous...

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