General

Cornelius TILLMAN v. STATE of Arkansas

251 Ark. 896475 S.W.2d 529·Arkansas Supreme Court·1972·AR

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Opinion

Cornelius TILLMAN v. STATE of Arkansas 5676 475 S.W. 2d 529 Opinion delivered January 31, 1972 Louis W. Rosteck, for appellant. Ray Thornton, Attorney General; Henry Ginger, Deputy A tty. Gen., for appellee. [MAJORITY — Conley Byrd, Justice.] 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.