No. CR76-152.

545 S.W.2d 617 (1977)

STATE of Arkansas, Appellant, v. James R. (a/k/a Sam) BLACK, Appellee.

Supreme Court of Arkansas, In Banc.

January 17, 1977.

Attorney(s) appearing for the Case

Jim Guy Tucker, Atty. Gen., by Jackson Jones, Asst. Atty. Gen., Little Rock, for appellant.

Harold L. Hall, Public Defender, by William R. Simpson, Jr., Deputy Public Defender, Little Rock, for appellee.

HARRIS, Chief Justice.

This is a case of first impression in this state. Sam Black, appellee herein, was incarcerated in the "drunk tank" of the Little Rock city jail with another prisoner, and on February 12, 1976, Officer Gentry, who was employed at the jail, observed Black engaging in oral sex with the other prisoner. The two prisoners were the only ones occupying the "tank" at the time. Black was charged with violation of Ark.Crim.Code § 41-1811 (1976), Public...

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