ELMORE v. STATE

No. CR 03-910.

144 S.W.3d 278 (2004)

355 Ark. 620

Jeffrey Charles ELMORE v. STATE of Arkansas.

Supreme Court of Arkansas.

January 29, 2004.


Attorney(s) appearing for the Case

Joe Kelly Hardin, Benton, for appellant.

Mike Beebe, Att'y Gen., by: Vada Berger, Ass't Att'y Gen., Little Rock, for appellee.


BETTY C. DICKEY, Chief Justice.

Appellant Jeffrey Elmore appeals his January 21, 2003 conviction for the rape of his twelve-year-old stepdaughter. At issue is whether the trial judge erred in not striking his wife from the jury for cause. Because this appeal involves a sentence in which the death penalty or life imprisonment has been imposed, we have jurisdiction under Ark. R. Sup.Ct. 1-2(a)(2). We reverse and remand for a new trial.

I. Facts

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