Alford v. State

OPINION ON REHEARING

George Rose Smith, J.,

on rehearing.- In connection with a petition for rehearing the State asks leave to amend the record by showing that the trial court in fact instructed the jury with respect to the alternative penalties for the crime of rape, this instruction having been omitted from the record by error. If this were the only reason for remanding the case for a new trial a ruling upon this motion would be necessary, as in Morton v. State, 208 Ark. 492, 187 S. W. 2d 335; but since a new trial is necessary in any event we find it unnecessary to pass upon the State’s…