Ballew v. State

Conley Byrd, Justice.

This is a motion for leave to file a petition pursuant to criminal procedure Rule No. 1, a post conviction remedy.

The petitioners’ convictions for assault with intent to kill were affirmed in this court in Ballew v. State, 246 Ark. 1191, 441 S. W. 2d 455 (1969). Thereafter through writ of habeas corpus they applied to U. S. District Court, the Honorable J. Smith Henley, Judge, alleging that the state courts denied them due process because a shot gun introduced into evidence and an out of court statement of Bobby Ballew should have been suppressed. An amended petition…