Legal Opinion

Johnson v. State

Supreme Court of Arkansas

Decided February 2, 1976No. CR 75-182Published

1Opinion of the Court

Frank Holt, Justice.

Appellant was convicted by the court, sitting as a jury, of armed robbery and sentenced to 21 years pursuant to the provisions of the Habitual Criminal Act, Ark. Stat. Ann. § 43-2328 (Rep!. 1964). An additional two year sentence for the use of a firearm was also imposed. Appellant’s sole contention for reversal is that the prosecuting attorney improperly presented evidence that appellant had a gun in his possession when he was arrested. Appellant relies on Botany v. State, 258 Ark. 866, 529 S.W. 2d 149 (1975). There we said “that [the] weapon had nothing to do with the…

2Cases cited3 opinions

  1. Williams v. StateSupreme Court of Arkansas · 1974
  2. Ford v. StateSupreme Court of Arkansas · 1972
  3. Botany v. StateSupreme Court of Arkansas · 1975

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