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CLARK v. STATE

No. 5399.

440 S.W.2d 205 (1969)

Sammy CLARK, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

May 12, 1969.

Attorney(s) appearing for the Case

Griffin Smith and Robert Shults, Little Rock, for appellant.

Joe Purcell, Atty. Gen., Don Langston, Asst. Atty. Gen., Little Rock, for appellee.

GEORGE ROSE SMITH, Justice.

This is the second appeal in this case. Clark was charged with having raped his nine-year-old stepdaughter. At the first trial he was found guilty and sentenced to life imprisonment.

We reversed that judgment for two errors, one of which was the trial court's refusal to give a requested instruction submitting to the jury the offense of carnal abuse, which under the testimony was a lesser offense included in the charge of

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