McDonald v. State

279 S.W.2d 44 (1955)

J. W. McDONALD, Appellant,

v.

STATE of Arkansas, Appellee.

Nos. 4804-4805.

Supreme Court of Arkansas.

May 16, 1955.

Dissenting Opinion May 23, 1955.

A. E. Johnson, Texarkana, for appellant.

Tom Gentry, Atty. Gen., and Thorp Thomas, Asst. Atty. Gen., for appellee.

HOLT, Justice.

A jury found appellant guilty of the crime of rape, Ark.Stats.1947, § 41-3401, and assessed his punishment at a term of life imprisonment in the state penitentiary. From the judgment is this appeal.

Case No. 4805, consolidated with this appeal (Case No. 4804), relates to a motion for a new trial based on…