State v. Lamb

Frank Holt, Justice.

The appellees were charged by information with the crime of first degree rape and upon trial were acquitted by a jury. The attorney general, at the request of the prosecuting attorney, brings this appeal pursuant to Ark. Stat. Ann. § 43-2720 (Repl. 1964) contending that the circuit court erred in refusing to give the state’s requested instruction on third degree rape. Section 41-3401 (Supp. 1969) defines third degree rape as being sexual intercourse with a female or carnally abusing a female who is less than 16 years old. It appears undisputed that the two victims were 14…