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JOHNSON v. STATE

No. CR 88-88.

770 S.W.2d 128 (1989)

298 Ark. 617

Joe Henry JOHNSON, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

May 15, 1989.

Attorney(s) appearing for the Case

Lohnes T. Tiner, Harrisburg, Chet Dunlap, Trumann, for appellant.

Lynley Arnett, Asst. Atty. Gen., Little Rock, for appellee.

HAYS, Justice.

This is a second appeal of a rape conviction. Appellant was arrested in April 1985, and charged with the rape of his nine-year-old stepson. A jury trial was held and appellant was found guilty and sentenced to forty years imprisonment. The conviction was appealed and in Johnson v. State, 292 Ark. 632, 732 S.W.2d 817 (1987), the case was reversed.

In Johnson I,

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