Duncan v. State

565 S.W.2d 1 (1978)

Carl DUNCAN, Appellant,

v.

STATE of Arkansas, Appellee.

No. CR77-213.

Supreme Court of Arkansas, In Banc.

April 17, 1978.

Rehearing Denied May 22, 1978.

Frierson, Walker, Snellgrove & Laser, Jonesboro, for appellant.

Bill Clinton, Atty. Gen., by Joyce Williams Warren, Asst. Atty. Gen., Little Rock, for appellee.

HICKMAN, Justice.

Carl Duncan was charged and convicted of rape before the new Arkansas Criminal Code was adopted. We reversed his first conviction for prejudicial error. Duncan v. State, 260 Ark. 491, 541 S.W.2d 926 (1976). Duncan was again tried on the same information,…