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STATE v. KELLEY

No. 46,658

209 Kan. 699 (1972)

498 P.2d 87

STATE OF KANSAS, Appellee, v. GARY W. KELLEY, Appellant.

Supreme Court of Kansas.

Opinion filed June 10, 1972.

Attorney(s) appearing for the Case

Brian J. Moline, of Wichita, argued the cause and was on the brief for the appellant.

Reese C. Jones, deputy county attorney, argued the cause, and Vern Miller, attorney general, and Keith Sanborn, county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN C.:

Gary W. Kelley was convicted by a jury of one count of kidnaping in the first degree with bodily harm inflicted (K.S.A. 21-449), two counts of kidnaping in the second degree (K.S.A. 21-450) and one count of forcible rape (K.S.A. 21-424). He was acquitted of another count of kidnaping in the first degree. His motion for new trial was overruled. Two prior felony convictions...

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