King v. State

John A. Fogleman, Justice.

This is a very peculiar case. Appellant’s conviction of burglary in the circuit court of Pulaski county was affirmed in this court on June 17, 1974. King v. State, 256 Ark. 778, 510 S.W. 2d 876. On December 2, 1974, this court considered his petition to recall the mandate and to proceed under Criminal ProcedureRule 1. Our order denying the petition stated that it was “denied without prejudice to petitioner’s right to proceed under Criminal Procedure Rule 1 when he is in custody.” Although granting permission to one who was not in custody at the time to proceed on a…