Simmons v. State

346 S.W.2d 197 (1961)

Bobby SIMMONS and Larry Flippo, Appellants,

v.

STATE of Arkansas, Appellee.

No. 5003.

Supreme Court of Arkansas.

May 15, 1961.

Dissenting Opinion May 30, 1961.

Rehearing Denied June 5, 1961.

Lightle & Tedder, Searcy, for appellants.

J. Frank Holt, Atty. Gen., by Jack L. Lessenberry, Asst. Atty. Gen., for appellee.

JOHNSON, Justice.

The appellants, Bobby Simmons and Larry Flippo, were charged with the crime of rape by felony information. They were tried jointly, convicted of assault with intent to rape, and sentenced to three years imprisonment. Following the jury's recommendations…