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COX v. STATE

No. 90-81.

803 S.W.2d 555 (1991)

304 Ark. 231

A.P. COX, Jr., Petitioner, v. STATE of Arkansas, Respondent.

Supreme Court of Arkansas.

February 18, 1991.

Attorney(s) appearing for the Case

Damon Young, L. Wren Autry, Texarkana, for petitioner.

Joe D. Wray, Deputy Pros. Atty., Texarkana, for respondent.

NEWBERN, Justice.

In his petition for rehearing, A.P. Cox, Jr., has pointed out that in denying his petition for a writ of prohibition the court created an exception to Ark.R.Crim.P. 28.-2., an exception which imposed unfair prejudice in his case. As he states, the Court's original opinion was premised on the fact that the Rule does not make a provision for the case in which a charge is filed, the case is nolle prossed, and the charge is filed again. Our original...

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