Legal Opinion

Clayborn v. State

Supreme Court of Arkansas

Decided March 7, 1983No. CR 82-123PublishedCited by 24 opinions

1Opinion of the Court

Robert H. Dudley, Justice.

Appellant was charged by information with burglary and rape by deviate sexual activity. He was found guilty of both crimes but appeals only from the conviction of rape by deviate sexual activity. He was sentenced to imprisonment for life and jurisdiction is in this Court pursuant to Rule 29 (1) (b). The appeal is meritorious.

Ark. Stat. Ann. § 41-1803 (Repl. 1977), in pertinent part, provides that either of two different types of conduct can constitute the crime of rape:

Rape — (1) A person commits rape if he engages in sexual intercourse or deviate sexual activity…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. Thornhill v. AlabamaSupreme Court of the United States · 1940
  2. People v. GriffithAppellate Division of the Supreme Court of the State of New York · 1981
  3. Ridgeway v. StateSupreme Court of Arkansas · 1971
  4. Breakfield v. StateSupreme Court of Arkansas · 1978
  5. Jones v. StateSupreme Court of Arkansas · 1982

1 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. United States v. BuddCourt of Appeals for the Sixth Circuit · 2007
  2. Rita M. Martin v. Betty Kassulke, WardenCourt of Appeals for the Sixth Circuit · 1992
  3. Brewer v. StateSupreme Court of Arkansas · 1985
  4. Knapp v. StateSupreme Court of Arkansas · 1984
  5. Cokeley v. StateSupreme Court of Arkansas · 1986

19 more not listed; retrieve them via the Exa API.

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