Leggett v. Kirby

Two separate informations were filed on January 25, 1956 in the Pulaski Circuit Court, each charging the appellant Leggett with the crimes of rape (§ 41-3401 Ark. Stats.). He has been in custody ever since and has never been tried on the rape charges because he was tried and convicted on a first degree murder charge and is now awaiting execution on the murder charge. In Leggett v. State, 231 Ark. 7, 328 S. W. 2d 250 (decided on October 19,1959), we held that Leggett was not entitled to the benefit of § 43-1708 Ark. Stats, as regards the rape charges.

Leggett filed, on July 14, 1959, his…