Flurry v. State

Darrell Hickman, Justice.

We granted review of the court of appeals’ decision to reconcile the decisions of our two courts on the question of giving a lesser included offense instruction when there is no rational basis for it. In this case the court of appeals decided the trial court committed error when it refused to give a lesser included offense instruction. We reverse that decision. Flurry v. State, 18 Ark. App. 64, 711 S.W.2d 163 (1986). Contemporaneously with our decision, in Doby v. State, 290 Ark. 408, 720 S.W.2d 694 (1986), we overrule the case of Holloway v. State, 18 Ark. App. 136,…