MORGAN v. STATE

No. CR80-251.

618 S.W.2d 161 (1981)

Gaylon M. MORGAN, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied October 26, 1981.


Attorney(s) appearing for the Case

E. Alvin Schay, State Appellate Defender by Linda Faulkner Boone, Deputy Appellate Defender, Little Rock, for appellant; Stephen M. Sharum, Fort Smith, amicus curiae.

Steve Clark, Atty. Gen., by Theodore Holder, Asst. Atty. Gen., Little Rock, for appellee.


HAYS, Justice.

Gaylon Morgan was charged with attempted rape and aggravated robbery. The jury convicted him of attempted rape and reduced the aggravated robbery charge to the lesser offense of theft of property. As a repeat offender, he was sentenced to 40 years for attempted rape and ten years for theft of property, the sentences to run concurrently. For reversal, appellant argues that the jury panel was improper, that the trial judge misinstructed the jury on the...

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