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26 [261 Clance Sidney ALEXANDER v. STATE of Arkansas CR 76-133 545 S.W. ld 606 Opinion delivered December 20, 1976 (In Banc) [Reported in 260 Ark. at 7851 Rehearing denied February 7, 1977 JOHN A. FOGLEMAN, Justice, dissenting on denial of petition * for rehearing. I would grant the rehearing to the extent of treating the appeal as a petition for certiorari and considering the issue on its merits. I am authorized to state that Mr. Justice Byrd joins me in this.
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