MARSHALL, Ark. (AP) — The attorney for Searcy County Sheriff Kenny Cassell is asking for dismissal of a petition seeking removal of the sheriff.
Attorney Joe Don Winningham filed the motion Friday in Searcy County Circuit Court in Marshall.
Prosecutor Cody Hiland has filed papers to remove Cassell from office because of a misdemeanor conviction in 1979 for knowingly possessing stolen Cornish hens.
Cassell acknowledged the conviction while running for sheriff and bought an ad to explain the case.
Hiland says the state Constitution prohibits anyone convicted of an "infamous" crime from holding office.
Winningham's motion says Cassell's misdemeanor conviction is not an infamous crime.
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