ROGERS v. STATE

No. CR 78-81.

570 S.W.2d 268 (1978)

Terry Edward ROGERS, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas, Division 1.

September 18, 1978.


Attorney(s) appearing for the Case

Ray & Donovan, Marianna, for appellant.

Bill Clinton, Atty. Gen., by Joseph H. Purvis, Asst. Atty. Gen., Little Rock, for appellee.


HOWARD, Justice.

We are to decide the following issues presented by appellant's appeal from his jury trial resulting in a verdict of guilty of the charge of attempted rape, and a sentence to the Department of Correction for twenty years:

1. Does the question of a defendant's competency to stand trial present a question of law to be determined by the trial court, or is the question essentially one of fact necessitating its resolution by the jury?

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