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ALLEN v. STATE

No. CR 92-94.

838 S.W.2d 346 (1992)

310 Ark. 384

Jerry Lee ALLEN, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

September 14, 1992.

Attorney(s) appearing for the Case

Donald A. Forrest, West Memphis, for appellant.

Kent G. Holt, Asst. Atty. Gen., Little Rock, for appellee.

DUDLEY, Justice.

James Lee Allen, appellant, was charged with capital murder. Under the capital murder statute, Ark.Code Ann. § 5-10-101 (Supp.1991), there are two types of capital murder. One is the premeditated and deliberate killing of a person, and the other is the killing of a person in the course of one of several enumerated felonies. Appellant was charged only with premeditated and deliberate capital murder. This kind of premeditated capital murder charge...

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