Distinguished
Distinguished by Kennedy v. State, 344 Ark. 433 (2001)
We reject Appellant’s reliance on the holdings in Roberts, 278 Ark. 550, 648 S.W.2d 44, and Smith, 279 Ark. 68, 648 S.W.2d 490.
The opinion
Darrell Hickman, Justice, concurring. This case should be compared to the case of Roberts v. State, 278 Ark. 550 , 648 S.W.2d 44 (1983); a case which is inexplicably ignored by the majority. Here there is no question that the statement was admitted as substantive evidence and not for purposes of impeachment. Therefore, the fact the statement was read to the jury is irrelevant. If it had been used to impeach, it could have been read. Ark. Stat. Ann. § 28-1001, Rule 613.