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FINK v. STATE

No. CR79-37.

582 S.W.2d 3 (1979)

Don FINK, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas, Division 1.

Rehearing Denied July 9, 1979.

Attorney(s) appearing for the Case

James E. Davis, Texarkana, for appellant.

Steve Clark, Atty. Gen., by Catherine Anderson, Asst. Atty. Gen., for appellee.

GEORGE ROSE SMITH, Justice.

The Criminal Code definition of rape includes deviate sexual activity, which encompasses the penetration of the anus of one person by the penis of another. Ark.Stat. Ann. §§ 41-1801(1) and 41-1803 (Repl.1977). In this prosecution of the appellant for the crime of rape the State's proof showed that he had engaged for some months in such deviate sexual activity with his son and daughter, aged 13 and 11 at the time of trial. The...

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