Harris v. State

Melvin Mayfield, Judge.

The appellant was convicted in a non-jury trial of the crime of rape. He was charged under Ark. Stat. Ann. § 41 -1803(1 )(c) (Repl. 1977) which provides that engaging in deviate sexual activity with a person less than eleven years old constitutes rape. At the time of trial on January 30, 1984, the appellant was 76 years old. He was sentenced to ten years in the Arkansas Department of Correction.

Appellant’s first argument is that the evidence is not sufficient to support his conviction. One definition of deviate sexual activity is “any act of sexual gratification…