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STATE v. LAMB

No. 5642.

476 S.W.2d 7 (1972)

STATE of Arkansas, Appellant, v. Eugene LAMB and Frankie J. Taylor, Appellees.

Supreme Court of Arkansas.

February 14, 1972.

Attorney(s) appearing for the Case

Ray Thornton, Atty. Gen., Milton Lueken, Asst. Atty. Gen., Little Rock, for appellant.

HOLT, Justice.

The appellees were charged by information with the crime of first degree rape and upon trial were acquitted by a jury. The attorney general, at the request of the prosecuting attorney, brings this appeal pursuant to Ark.Stat.Ann. § 43-2720 (Repl.1964) contending that the circuit court erred in refusing to give the state's requested instruction on third degree rape. Section 41-3401 (Supp.1969) defines third...

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