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STEWART v. STATE

No. CR 87-159.

746 S.W.2d 58 (1988)

295 Ark. 48

Theodore Clark STEWART, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

March 14, 1988.

Attorney(s) appearing for the Case

Robert A. Newcomb, Little Rock, for appellant.

Joseph V. Svoboda, Asst. Atty. Gen., Little Rock, for appellee.

NEWBERN, Justice.

The appellant, Theodore Clark Stewart, was convicted of burglary. He petitioned the court for a new trial, pursuant to Ark. R.Crim.P. 37, alleging that his lawyer had been ineffective. The court denied relief, without holding a hearing, on the ground that the petition stated only conclusions rather than facts in support of the allegation. As we believe the petition stated sufficient facts to warrant a hearing, the case is reversed and remanded.<...

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