Upton v. State

John A. Fogleman, Justice.

This appeal comes from a retrial of appellant Upton on a charge of first degree murder of Woodrow DeFee alleged to have been committed in the perpetration of a robbery, after our reversal of his conviction in Upton v. State, 254 Ark. 664, 497 S.W. 2d 696. The points for reversal here are:

I. The Trial Court erred in refusing to grant defendant’s motion to quash and dismiss relative to the appointment of a special prosecutor.

II. The Trial Court erred in refusing to grant defendant’s motion to suppress evidence regarding a confession allegedly made by defendant.

III. The…