Court of Appeals of Arkansas May 15, 1985, CA CR 84-138 (Harris v. State)

Melvin Mayfield, Judge.

The appellant was convicted in a non-jury trial of the crime of rape. He was charged under Ark. Stat. Ann. § 41 -1803(1 )(c) (Repl. 1977) which provides that engaging in deviate sexual activity with a person less than eleven years old constitutes rape. At the time of trial on January 30, 1984, the appellant was 76 years old.