Pemberton v. State

Griffin Smith, Chief Justice.

The appeal is from a judgment finding the defendant guilty of rape and fixing his punishment at life in the penitentiary.

The details are too sordid and revolting to warrant extended comment. It is sufficient to say that there was substantial evidence to sustain the jury’s verdict, challenged in the motion for a new trial.

Other matters raised by the motion were: (a) The court erred in permitting the sheriff to select bystanders for service on the jury after the regular panel had been exhausted; Ark. Stat’s, § 39-220. (b) Instructions 1 and 2 given at the State’s…