Ford v. State

Supreme Court of Arkansas
Ford v. State, 484 S.W.2d 90 (Ark. 1972)
253 Ark. 5; 1972 Ark. LEXIS 1393
George Rose Smith

Ford v. State

Opinion

George Rose Smith, Justice.

In appealing from convictions for burglary, assault with intent to kill, and assault with intent to rape, the appellant contends only that the trial court’s instruction defining reasonable doubt was erroneous. In an opinion delivered several months after the case at bar was tried we held the particular instruction to be bad. Laird v. State, 251 Ark. 1074, 476 S.W. 2d 811 (1972).

We cannot consider the appellant’s argument, for in the court.below there was no objection to the instruction. Price v. City of Trumann, 213 Ark. 50, 209 S.W. 2d 284 (1948). Although Act 333 of 1971 made it unnecessary for a party to save exceptions in criminal cases, it is still required that an objection be made or that the party make known to the trial court the action which he desires the court to take. Ark. Stat. Ann. § 43-2725.1 (Supp. 1971). That statute adopted the rule already prevailing in civil cases. Ark. Stat. Ann. § 27-1762 (Repl. 1962); Turkey Express v. Skelton Motor Co., 246 Ark. 739, 439 S.W. 2d 923 (1969). Hence the absence of an objection precludes the appellant from raising the point for the first time on appeal.

Affirmed.

Reference

Full Case Name
Clinton FORD v. STATE of Arkansas
Cited By
12 cases
Status
Published