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STATE v. KELLY

No. 46,535

210 Kan. 192 (1972)

499 P.2d 1040

STATE OF KANSAS, Appellee, v. SHERMAN L. KELLY, Appellant.

Supreme Court of Kansas.

Opinion filed July 19, 1972.

Attorney(s) appearing for the Case

Arthur E. Palmer, of Goodell, Casey, Briman, Rice and Cogswell, of Topeka, argued the cause and was on the brief for appellant

Gene M. Olander, county attorney, argued the cause, and Vern Miller, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, C.J.:

The appellant, Sherman L. Kelly, was convicted by a jury on October 28, 1970, of two counts of rape (K.S.A. 1971 Supp. 21-3502), one count of aggravated sodomy (K.S.A. 1971 Supp. 21-3505), and two counts of aggravated burglary (K.S.A. 1971 Supp. 21-3716). A motion for new trial was overruled on November 13, 1970, and he was sentenced under the Habitual Criminal Act. (K.S.A. 1971 Supp. 21-4504.)

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