Hi J-&V1& V ; .' t,f. ^;,I q - ' ''': VOLUME B (T. 5»28) Digitized by the Internet Archive 2013 in http://archive.org/details/govlawarcodecommvolb1995 Arkansas Code OF 1987 Annotated COMMENTARIES 1995 Replacement Volume B °repared by the Staffofthe Arkansas Code Revision Commission William S. Arnold, Chairman Douglas O. Smith, Jr. William H. (Buddy) Sutton Leonard Strickman, Dean, University ofArkansas, Fayetteville, School of Law Howard B. Eisenberg, Dean, University ofArkansas at Little Rock, School ofLaw Tom Gay, SeniorAssistantAttorney General Ex Officio Senator Mike Beebe Representative Mike Wilson The Michie Company Law Publishers Charlottesville, Virginia 1995 © Copyright 1989, 1995 BY The State of Arkansas All Rights Reserved Arkansas Code Revision Commission Preface In preparingtheArkansas Code of1987, theArkansas Code Revision Commission has triedto determine which parts oftheArkansas Code of 1987 are derivedfrom uniform acts, model acts, andotheracts prepared by various organizations and adopted by theArkansas General Assem- bly for which official commentaries were prepared. When available, the official commentaries to the various uniform, model, and other acts have been collected and notes insertedbythe commission to explainthe additions, deletions, and changes made in the texts of the acts as adopted in Arkansas. These commentaries and additional notes by the commission are published for the convenience of practitioners in Arkansas. Every efforthas been made to assure the accuracy ofthe commission- addednotestothe commentaries; however, the commission-addednotes are not official commentaries and should not be relied upon to the same extent as the official commentaries. When the Arkansas General Assembly enacted the Arkansas Crimi- nal Code of1975, it considered the official commentary by the Criminal Code Revision Commission along with the text of the then-proposed Criminal Code. Since adoption of the Criminal Code in 1975, Frank Newell, one ofthe original drafters oftheArkansas Criminal Code, has prepared and published commentaries to the Criminal Code explaining changes made to the Criminal Code by theArkansas GeneralAssembly since its adoption and court decisions interpreting the Criminal Code. The commentaries by Frank Newell, although not official, have been included and may be helpful to practitioners in Arkansas. in Publisher's Preface The two Commentaries volumes of the Arkansas Code of 1987 Annotated reprint commentaries to various uniform laws, model acts, etc., which are codified in the Code. Permission to reprint these commentaries was obtained by the Arkansas Code Revision Commis- sion. The text of the commentaries was provided by the staff of the Arkansas Code Revision Commission; footnotes were also reviewed or added by the Commission. Suggestions, comments, or questions about this or any other volume ofthe Code are welcome. You may call our toll-free number, 1-800-446- 3410, fax us toll free at 1-800-643-1280, orwrite:Arkansas Code Editor, The Michie Company, P.O. Box 7587, Charlottesville, Virginia, 22906- 7587. THE MICHIE COMPANY