BAILEY v. STATE

No. CR 85-76.

697 S.W.2d 110 (1985)

287 Ark. 183

Bruce Lamont BAILEY, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

October 14, 1985.


Attorney(s) appearing for the Case

William R. Simpson, Jr., Public Defender by Carolyn P. Baker, Deputy Public Defender, Little Rock, for appellant.

Steve Clark, Atty. Gen., by Connie Griffin, Asst. Atty. Gen., Little Rock, for appellee.


NEWBERN, Justice.

The appellant was convicted of rape. The only issue on appeal is whether a mistrial should have been declared because of a statement, made by the prosecutor in closing argument, which the appellant says was a reference to his failure to testify in his defense. We find the appellant's position to be correct, and thus the case is reversed.

The testimony of the prosecuting witness, Doris Watson, was that the appellant took her to his room, bound...

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