Tillman v. State

Supreme Court of Arkansas

Tillman v. State

475 S.W.2d 529, 251 Ark. 896, 1972 Ark. LEXIS 1801

Supreme Court of Arkansas·Decided January 31, 1972·No. 5676·Published

Opinion

Conley Byrd, Justice.

Under Ark. Stat. Ann. § 43-1922 (Repl. 1964) a defendant put to trial upon an offense punishable by either death or life imprisonment is entitled to 12 peremptory challenges. Appellant Cornelius Tillman was put to trial upon a charge of first degree rape. After he had used up eight peremptory challenges, the trial court ruled that, because the State had waived the death penalty, appellant had exhausted his peremptory challenges. This was error.

Reversed.

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Conley Byrd, Justice.

Under Ark. Stat. Ann. § 43-1922 (Repl. 1964) a defendant put to trial upon an offense punishable by either death or life imprisonment is entitled to 12 peremptory challenges. Appellant Cornelius Tillman was put to trial upon a charge of first degree rape. After he had used up eight peremptory challenges, the trial court ruled that, because the State had waived the death penalty, appellant had exhausted his peremptory challenges. This was error.

Reversed.

Tillman v. State, 475 S.W.2d 529, 251 Ark. 896, 1972 Ark. LEXIS 1801 (Ark. 1972).

Pincite

475 S.W.2d 529 (Tillman v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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