Warbington v. State

Guy Amsler, Justice.

On September 30, 1965, appellant was convicted on three morals charges, involving a seven year old girl. The jury fixed his punishment for carnal abuse [Ark. Stat. Ann. § 41-3406 (Repl. 1964) ] at five years in the state penitentiary, two years for indecent exposure [Ark. Stat. Ann. § 41-1127 (Repl. 1964)] and one year for unlawful fondling of a child [Ark. Stat. Ann. § 41-1128 (Repl. 1964)]. Appeal was perfected in apt time.

Appellant’s first argument for reversal concerns “merger of offenses.” Since all of the charges grew out of the same incident it is contended that the…