Swaite v. State

Darrell Hickman, Justice.

This is a companion case to Swaite v. State, 272 Ark. 128, 612 S.W. 2d 307 (1981).

Two men wearing ski masks tried to rob a liquor store at Harrisburg, Arkansas on January 4, 1980. Two others were charged as participating in the scheme. A shoot-out between the men and Bill Junkin, the owner and operator, resulted and the robbery attempt was thwarted. Junkin’s wife and child were in the store when the shooting occurred.

Joseph Verser Swaite, the appellant, received a separate trial from Walter Swaite and Tommy Swaite, both of whom were charged with the defendant. Their…