Supreme Court of Arkansas

Mauricio Alejandro Torres v. State of Arkansas

April 18, 2019571 S.W.3d 456

Summary

The court held that Arkansas lacked territorial jurisdiction over the Missouri conduct alleged to constitute the predicate rape because rape does not include death as an element. Because the jury returned a general verdict on alternative capital-murder theories and the rape-felony-murder theory was legally insufficient, the court reversed the convictions and remanded for a new trial. Justice Womack, dissenting, would have affirmed, reasoning that the in-state death was an element and jurisdictional result of capital felony murder.