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STATE v. PONDS AND GARRETT

No. 47,856

218 Kan. 416 (1975)

543 P.2d 967

STATE OF KANSAS, Appellee, v. DONALD G. PONDS and ANTHONY R. GARRETT, Appellants.

Supreme Court of Kansas.

Opinion filed December 13, 1975.

Attorney(s) appearing for the Case

Gary D. Hanna, of Brown and Hanna, of Wichita, argued the cause and was on the brief for appellant Ponds.

Ronald D. Heck, of McDonald, Tinker, Skaer, Quinn and Herrington, of Wichita, argued the cause and was on the brief for appellant Garrett.

Stephen E. Robison, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and Keith Sanborn, district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

In a joint trial by a jury Donald G. Ponds and Anthony R. Garrett were each convicted of two counts of aggravated kidnapping and two counts of rape. Ponds was also convicted of one count of aggravated sodomy. The jury was unable to agree on an additional two counts charging robbery; these counts were later dismissed by the state and no longer concern us. The jury also disagreed as to a third defendant, Elton...

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