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STATE v. TATE

No. 80-51994-S

228 Kan. 752 (1980)

620 P.2d 326

STATE OF KANSAS, Appellee, v. GEORGE JOE TATE, Appellant.

Supreme Court of Kansas.

Opinion filed December 6, 1980.

Attorney(s) appearing for the Case

Jonathan Melvin, of Schmidt, O'Sullivan & Langley, of Hutchinson, argued the cause and was on the brief for appellant.

Timothy J. Chambers, assistant county attorney, argued the cause and Robert T. Stephan, attorney general, was with him on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

This is an appeal by George Joe Tate from a conviction by a jury of one count of aggravated anal sodomy. (K.S.A. 21-3506.) The sole question on appeal is whether the trial court committed error in consolidating Tate's trial with the trial of Gary L. Kepka, who was charged and convicted of one count of aggravated anal sodomy and one count of oral sodomy involving the same victim. Kepka has also appealed...

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