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STATE v. EVERSON

No. 52,511

229 Kan. 540 (1981)

626 P.2d 1189

STATE OF KANSAS, Appellee, v. THOMAS E. EVERSON, Appellant.

Supreme Court of Kansas.

Opinion filed April 23, 1981.

Attorney(s) appearing for the Case

W. Fredrick Zimmerman, argued the cause and was on the brief for the appellant.

John J. McNally, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, Nick A. Tomasic, district attorney, and Philip L. Sieve, chief deputy district attorney, were on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an appeal in a criminal action from a jury verdict finding Thomas E. Everson (defendant-appellant) guilty of rape (K.S.A. 1980 Supp. 21-3502) and aggravated sodomy (K.S.A. 21-3506). The appellant contends the trial court erred in failing to instruct on the lesser included offense of sodomy, and in overruling a motion for mistrial. The appellant also contends the evidence was not sufficient...

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