Browning v. State

Frank Holt, Justice.

A jury found appellant guilty of rape (Ark. Stat. Ann. § 41-1803 [Repl. 1977]) and assessed his punishment at 50 years imprisonment. Through his court appointed counsel, appellant first asserts for reversal that the trial court erred in allowing the state’s attorney to use a codefendant’s prior statement which was not made available to appellant’s counsel before trial as is required by the pertinent rules of discovery, Ark. Rules of Criminal Procedure, Rules 17.1 and 19.2, subject to the provisions of Rule 19.7.

Appellant’s codefendant gave a police officer, five months…