Polk v. State

The majority accurately sets out the facts of this case by incorporating the trial court’s specific findings. Furthermore, it is clear that the trial court’s findings are supported by the evidence. The problem is that under the facts of the case at bar the appellant cannot be said to have violated Ark. Stat. Ann. § 50-523 (Repl. 1971). In Poole v. State, cited by the majority, the supreme court said:

Section 50-523, supra, by its provisions, relates only to one who “shall refuse or fail to pay the rent therefor, when due, according to contract” and after ten days notice to vacate, “shall…