AKA v. Jefferson Hosp. Ass'n, Inc.

I concur result reached by the majority in this matter. However, I do not agree with the analysis in Part I of the majority opinion.

The majority correctly suggests that consistency should be the benchmark when this court deals with legislative intent; however, the opinion falls short of its goal in its misplaced rebanee on the amended definition of person in the homicide statutes at Ark. Code Ann. § 5-1-102 (Supp. 1999).1 This statute provides no basis for a retroactive application of a broadened definition of personhood to the instant case.

Arkansas Code Annotated § 5-1-102 was passed as Act…