Mitchell v. State

Sam Robinson, Associate Justice.

On the 11th day of April, 1959, appellant, Lonnie B. Mitchell, was convicted of rape and sentenced to death. On appeal to this Court the judgment was affirmed on September 21, 1959. Mitchell v. State, 230 Ark. 894, 327 S. W. 2d 384. On January 14, 1960, appellant filed in the Union Circuit Court, where he was originally tried, a motion to vacate the judgment. This is an appeal from an order overruling the motion.

It is alleged in the motion that appellant is a. Negro and that it is the custom and practice in Arkansas to sentence Negro men to death for raping…