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STATE v. RHONE

No. 48,080

219 Kan. 542 (1976)

548 P.2d 752

STATE OF KANSAS, Appellee, v. LARRY C. RHONE, Appellant.

Supreme Court of Kansas.

Opinion filed April 10, 1976.

Attorney(s) appearing for the Case

Curtis Irby, of Moore and Irby, of Wichita, argued the cause and was on the brief for the appellant.

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

HARMAN, C.:

Larry C. Rhone was charged with the crimes of aggravated burglary, felony theft, aggravated sodomy and rape. He was convicted by a jury of the first two offenses and of misdemeanor sodomy. The jury was unable to agree on the rape charge and mistrial was declared as to it. Rhone was sentenced upon the offenses of which he was convicted and now appeals.

Evidence for the prosecution revealed the following...

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