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eBook details

• Title: State v. Everson
• Author : Supreme Court of Kansas
• Release Date : January 23, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

The opinion of the court was delivered by This is an appeal in a criminal action from a jury verdict finding Thomas E. Everson (defendant-appellant) guilty of rape (K.S.A. 1980 Supp. 21-3502) and aggravated sodomy (K.S.A. 21-3506). The appellant contends the trial court erred in failing to instruct on the lesser included offense of sodomy, and in overruling a motion for mistrial. The appellant also contends the evidence was not sufficient to support the verdict finding him guilty on each count. The twenty-two-year-old victim testified that late in the evening of November 9, 1979, she met a man named Gary Singleton at the Cosmos Disco Bar in Riverside, Missouri. When the bar closed in the early hours of November 10, the victim accepted Gary's invitation to go to a party. They left in Gary's car, and were accompanied by two black males and two black females. Both the victim and Gary were white. The appellant, Thomas E. Everson, drove Gary's car as the group proceeded into Kansas City, Kansas. The two black females and one of the black males were taken to their residences. During the ensuing three to four hours the victim, Gary, and the appellant stopped at two to three residences, ostensibly in an effort to locate a party. The victim [229 Kan. 541]

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