Duncan v. State

Darrell Hickman, Justice.

Carl Duncan was charged and convicted of rape before the new Arkansas Criminal Code was adopted. We reversed his first conviction for prejudicial error. Duncan v. State, 260 Ark. 491, 541 S.W. 2d 926 (1976). Duncan was again tried on the same information, convicted and now alleges one error on appeal.

Before the trial the trial judge ruled in chambers that the victim could not be cross-examined about her previous sexual conduct or misconduct. The court also informed the lawyers that the defendant could not be examined about his previous sexual behavior or sexual…