State v. Brown

Darrell Hickman, Justice.

Gary Lee Brown was convicted of selling an obscene film in violation of Ark. Stat. Ann. § 41-3578, et sequentes (Repl. 1977), and fined $1,000,00.

Brown appeals alleging he was improperly charged with a violation of that statute which was repealed by Act 464 of 1977 (Ark. Stat. Ann. § 41-3501, et seq.). We agree with Brown’s argument in this regard.

The State on cross-appeal alleges the trial court improperly instructed the jury. We also agree with this argument. The State properly perfected its appeal by lodging the record within 60 days after filing a notice of appeal…