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STATE v. STRINGFELLOW

No. 5763.

486 S.W.2d 65 (1972)

STATE of Arkansas, Appellant, v. Archie STRINGFELLOW, Appellee.

Supreme Court of Arkansas.

October 30, 1972.

Attorney(s) appearing for the Case

Ray Thornton, Atty. Gen., by Gene O'Daniel, Asst. Atty. Gen., Little Rock, for appellant.

William C. McArthur, Little Rock, for appellee.

BYRD, Justice.

At a time when appellee Archie Stringfellow could only have been charged with assault with intent to kill, Ark.Stat.Ann. § 41-606 (Repl.1964), he made a voluntary confession concerning the assault to kill. After the victim died and after the giving of the confession, he was charged with first degree murder pursuant to Ark.Stat. Ann. § 41-2205 (Repl.1964). The trial court ruled the confession inadmissible because Stringfellow had not been warned...

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