Martin v. State

J. Fred Jones, Justice.

Alvin Martin was convicted of assault with intent to rape in the Miller County Circuit Court and was sentenced to ten years in the penitentiary. On his appeal to this court he contends that the trial court committed reversible error when the trial judge went to the jury room and instructed the jury during its deliberation. The appellant cites Ark. Stat. Ann. § 43-2139 (Repl. 1964) as prescribing the proper method of instructing a jury after it enters the jury room for deliberation, and argues that under our decision in Wells v. State, 193 Ark. 1092, 104 S.W. 2d 451,…