Spillers v. State

Frank Holt, Justice.

Appellant was charged with first degree murder, Ark. Stat. Ann. § 41-1502 (Repl. 1977). He was convicted by a jury of second degree murder, Ark. Stat. Ann. § 41-1503 (Repl. 1977), and sentenced to 30 years imprisonment. Appellant’s first contention for reversal is that his statement was erroneously admitted into evidence.

According to appellant’s in custody statement, he and his wife had joined the victim, a friend of his and his wife, at a local club where they spent the evening drinking beer and dancing. When the couples left the club at closing, they proceeded to the…