Supreme Court of Arkansas May 6, 1985, CR 84-199 (Henderson v. State)

John I. Purtle, Justice,

dissenting. The circumstances of this case cause me to believe that the trial court erred in refusing to give an instruction on public sexual indecency as a lesser included offense of rape by engaging in forcible deviate sexual activity. Arkansas Stat. Ann. § 41-181 1(1)(b) (Repl.