Flake v. State

This is the third appeal in this case. Flake v. State, 156 Ark. 34; Flake v. State, 159 Ark. 37. The facts developed by the testimony at each of the trials are substantially the same. For :a statement of these facts see Flake v. State, 156 Ark. 34. The law of the case is thoroughly settled and announced in the opinions on former appeals.

At the last trial the court gave the following instruction on the subject of the credibility of witnesses: “Now the law constitutes you the sole and exclusive judges of the weight and credibility of these witnesses; that is the province of the jury and not the…