Moore v. State

Frank Holt, Justice.

Appellant was convicted by a jury of assault with intent to kill and his punishment was assessed at 31 1/2 years in the Department of Correction, pursuant to our Habitual Criminal Act, Ark. Stat. Ann §§ 43-2328 — 2330 (Supp. 1973). Present appellate counsel was then appointed. For reversal, appellant asserts that the lower court erred in allowing the prosecutor to ask appellant “[Wjould you lie to stay out of the Arkansas State Penitentiary?”

The appellant testified in his own behalf, against the advice of his trial counsel, and the following occurred on cross-examination:

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