Page:Ricarte v. State.pdf/1

100 Louis RICARTE, Jr., a/k/a Louis VALDEZ, a/k/a Alexander VALDEZ v. STATE of Arkansas

CR 86-31

Supreme Court of Arkansas

Opinion delivered October 13, 1986
 * 1) .—The practice of continuing the legislature in session after its regular 60-day session has ended is not permitted by the Arkansas Constitution.
 * 2) .—Where, at the time the Uniform Rules of Evidence were adopted by the legislature, the legislature was unlawfully in session in January, 1976, almost a year after the 1975 regular session had ended, the Uniform Rules were not adopted at a valid session and did not become law; hence, the earlier statute on the subject, Act 14, Ark. Acts of 1943, was not affected by the repealing clause in the Uniform Rules.
 * 3) .—Act 14, Ark. Acts of 1943, which provides that in a criminal case one spouse cannot be called by the opposite party as a witness against the other spouse, makes no exception for a marriage that was or may have been entered into for the purpose of shielding one spouse from the testimony of the other.
 * 4) .—Under the Arkansas Supreme Court's own rule-making power and under existing statutory authority, the Supreme Court adopts the