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STATE v. COY

No. 55,357

234 Kan. 414 (1983)

672 P.2d 599

STATE OF KANSAS, Appellee, v. RICHARD COY, Appellant.

Supreme Court of Kansas.

Opinion filed December 2, 1983.

Attorney(s) appearing for the Case

Robert L. Taylor, of Hutchinson, argued the cause and was on the brief for appellant.

Michael C. Brown, special prosecutor, of Brown, Brown & Isern, of Great Bend, 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

PRAGER, J.:

This is a direct appeal from convictions of rape (K.S.A. 21-3502) and aggravated burglary (K.S.A. 21-3716). The facts in the case were undisputed except for the identity of the defendant, Richard Coy, as the burglar-rapist. On August 4, 1982, Miss B was awakened in the middle of the night when she heard an intruder in her bedroom. She was raped by the intruder. Because of the darkness and lack of illumination...

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