MONTGOMERY v. STATE

No. 5596.

473 S.W.2d 885 (1971)

Daniel MONTGOMERY, Jr., Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

December 20, 1971.


Attorney(s) appearing for the Case

M. J. Etoch, Jr., and A. M. Coates, Helena, for appellant.

Ray Thornton, Atty. Gen., Henry Ginger, Asst. Atty. Gen., Little Rock, for appellee.


GEORGE ROSE SMITH, Justice.

This is a prosecution for first degree rape, in which the appellant was found guilty and sentenced to death. Finding reversible errors in the record, we discuss those matters and also such other questions as are apt to recur upon a new trial.

The prosecutrix, Laura Wolfe, age 18, was living with her mother in West Helena on the date of the offense, October 17, 1969. She testified that at about 11:00 a. m. a man whom she identified...

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