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STATE v. STELLWAGEN

No. 54,124

232 Kan. 744 (1983)

659 P.2d 167

STATE OF KANSAS, Appellee, v. LARRY STELLWAGEN, Appellant.

Supreme Court of Kansas.

Opinion filed February 19, 1983.

Attorney(s) appearing for the Case

Larry E. Schneider, of Topeka, argued the cause and was on the brief for the appellant.

Joan M. Hamilton, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Gene M. Olander, district attorney, were with her on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

This is an appeal by Larry Stellwagen from a jury conviction of rape (K.S.A. 21-3502) and aggravated sodomy (K.S.A. 21-3506). A previous trial had ended with a hung jury.

The facts are essentially undisputed. The evening of January 24, 1981, was a disturbing one for Larry Stellwagen. He had organized a keg party at his home, 705 Lincoln, Topeka. The party was poorly attended. He had a fight with his...

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