
    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.
   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.  