Appeal from Sebastian Circuit Court; Don Langston, Judge; reversed and dismissed in part, and affirmed in part.
1. CRIMINAL LAW - CONSPIRACY PROSECUTION - INCONSISTENT VERDICTS SEPARATE TRIALS. - The general rule has been that convictions of only one defendant in a conspiracy prosecution will not be upheld when all the other alleged conspirators have been acquitted or similarly disposed of; however, Arkansas adopted the present code in 1975, and joined a substantial minority of jurisdictions, which provide it is no defense that the co-conspirators have been either acquitted or convicted of a different offense.
2. CRIMINAL LAW - CONSPIRACY - INCONSISTENT VERDICTS IN JOINT TRIAL NOT PERMITTED. - Where appellant was convicted of conspiracy but his sole alleged co-conspirator was acquitted of conspiracy charges in a joint trial with appellant, the verdicts were inconsistent, and the conspiracy conviction was reversed on appeal.
3. EVIDENCE - EVIDENCE ADMISSIBLE TO SHOW CULPABLE MENTAL STATE AND FLIGHT TO AVOID ARREST OR TRIAL. - Evidence of a second arrest of appellant where appellant was caught trying to leave the house through the back door after his wife had answered the front door and asked the police to wait, was admissible to show appellant's culpable mental state, and flight to avoid arrest or trial is admissible as a circumstance in corroboration of evidence tending to establish guilt.
4. APPEAL & ERROR - ISSUES RAISED FOR THE FIRST TIME ON APPEAL WILL NOT BE CONSIDERED. - Issues raised for the first time on appeal will not be considered.
5. TRIAL - ARGUMENTS OF COUNSEL - TRIAL COURT HAS WIDE DISCRETION. - The trial court has wide discretion in controlling the arguments of counsel.
The opinion of the court was delivered by: Tom Glaze, Justice.
Appellants, father and son, were [293 Ark Page 542]
charged with attempted kidnapping and conspiracy to commit kidnapping. They were tried jointly before a jury. Ronald Yedrysek, the father, was found guilty on both counts and sentenced to thirty years and fifteen years, respectively, terms to be served consecutively. His son, Jerry, was found guilty of attempted kidnapping, but was acquitted on the conspiracy charge. On appeal, appellant Ronald Yedrysek raises two points for reversal: 1) the court erred in refusing to set aside his conviction for conspiracy to commit kidnapping when his son and sole co-conspirator was ...