#### 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 *897the death penalty, appellant had exhausted his peremptory challenges. This was error.

Reversed.