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McDONALD v. STATE

Nos. 4804-4805.

279 S.W.2d 44 (1955)

J. W. McDONALD, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

Dissenting Opinion May 23, 1955.

Attorney(s) appearing for the Case

A. E. Johnson, Texarkana, for appellant.

Tom Gentry, Atty. Gen., and Thorp Thomas, Asst. Atty. Gen., for appellee.

HOLT, Justice.

A jury found appellant guilty of the crime of rape, Ark.Stats.1947, § 41-3401, and assessed his punishment at a term of life imprisonment in the state penitentiary. From the judgment is this appeal.

Case No. 4805, consolidated with this appeal (Case No. 4804), relates to a motion for a new trial based on alleged newly discovered evidence.

—1—

For reversal appellant first questions the sufficiency of the evidence...

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