State v. McCormack

ANNABELLE Clinton Imber, Justice.

This is an appeal by the State from an order by the Pulaski County Circuit Court acquitting Officer Ryan McCormack of aggravated assault. For its only assignment of error, the State argues that the circuit court erred by refusing to instruct the jury on the lesser-included offenses of assault in the first, second, and third degrees. Officer McCormack contends that this case is not properly appealable by the State under Rule 3 of the Arkansas Rules of Appellate Procedure — Criminal. We agree and dismiss the State’s appeal.

The aggravated assault charge against…