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STATE v. MARKS

No. 53,780

231 Kan. 645 (1982)

647 P.2d 1292

STATE OF KANSAS, Appellee, v. ELMORE MARKS, JR., Appellant.

Supreme Court of Kansas.

Opinion filed July 16, 1982.

Attorney(s) appearing for the Case

Cortland E. Berry, of Reading, argued the cause and was on the brief for the appellant.

Jay Vander Velde, county attorney, argued the cause and Robert T. Stephan, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

This is an appeal from a jury conviction of rape (K.S.A. 21-3502) and aggravated sodomy (K.S.A. 21-3506).

At approximately 10:00 p.m., July 4, 1980, the victim, a twenty-one-year-old student at Emporia State University, went to an Emporia private club called "The Attic." The club opened late because of a fireworks display that night. The victim was the club's first customer that evening. She testified...

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