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State v. James

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eBook details

  • Title: State v. James
  • Author : Supreme Court of Kansas
  • Release Date : January 10, 1975
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

The opinion of the court was delivered by Defendant-appellant (Tony R. James) appeals from convictions by a jury of aggravated burglary (K.S.A. 21-3716), rape (K.S.A. 21-3502), and aggravated sodomy (K.S.A. 21-3506). Various trial errors are raised on appeal. The victim of the rape and sodomy, who will not be named, was unmarried at the time. She occupied a residence in Wichita with another woman, who was at work during the night in question. The victim entertained her boyfriend the evening of April 7, 1971. They watched a movie on television which ended about 10:30 or 11 p.m., when they went out for a coke. After her boyfriend returned the victim to her residence, she prepared for bed. About five minutes after her boyfriend left she heard a knock on the front door. She fixed the time at approximately 11:45 p.m. She went to the door and inquired who was there and received a reply — This is the Police Department. She opened the door and discovered a man whom she identified as defendant — coming through the door at me. The victim further testified that defendant immediately wedged his foot between the wall and the door and, although she tried to push him out, he pushed her inside and [217 Kan. 97]


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