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STATE v. COSTA

No. 51,410

228 Kan. 308 (1980)

613 P.2d 1359

STATE OF KANSAS, Appellee, v. JOHN COSTA, JR., Appellant.

Supreme Court of Kansas.

Opinion filed July 18, 1980.

Attorney(s) appearing for the Case

Lee Hornbaker, of Harper & Hornbaker, Chartered, of Junction City, argued the cause and was on the brief for the appellant.

Wm. Rex Lorson, county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an appeal in a criminal action from a jury verdict finding John Costa, Jr., (defendant-appellant) guilty of felony murder (K.S.A. 21-3401), attempted kidnapping (K.S.A. 21-3301; K.S.A. 21-3420), and attempted rape (K.S.A. 21-3301, K.S.A. 1979 Supp. 21-3502). The appellant asserts six issues on appeal.

Marilyn Butcher, a young girl from Abilene...

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