Kelley v. State

George K. Cragraft, Judge.

Terry Kelley appeals from his convictions of battery in the third degree against Emmet Don Clark and Wesley Boyce in violation of Ark. Stat. Ann. § 41-1603 (Repl. 1977). At the trial, while admitting the use of a knife in the affray which led to both battery charges, the appellant interposed the defense of justification. He advances two procedural errors for the reversal of both convictions. We find no merit in either of them. We do agree, however, that the conviction for battery committed upon Boyce is not supported by substantial evidence. On appeal we view the…