STATE v. EMERY

No. 47,858

218 Kan. 423 (1975)

543 P.2d 897

STATE OF KANSAS, Appellee, v. ELMER EMERY, Appellant.

Supreme Court of Kansas.

Opinion filed December 13, 1975.


Attorney(s) appearing for the Case

Frank E. White, Jr., of Leavenworth, argued the cause and was on the brief for appellant.

Patrick J. Reardon, county attorney, argued the cause and Curt T. Schneider, attorney general, and Michael D. Reed, special prosecutor, were with him on the brief for appellee.


The opinion of the court was delivered by

FATZER, C.J.:

This is an appeal from a verdict and judgment finding the defendant, Elmer Emery, guilty of aggravated burglary and rape.

The sordid facts are briefly summarized.

Between 12:30 and 1:00 a.m., June 30, 1973, the appellant entered the home of the complaining witness at 917 Chestnut Street, Leavenworth, Kansas. Her husband had gone to work about two hours earlier, and she was alone in the...

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