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STATE v. DAVIS

No. 56,502

236 Kan. 538 (1985)

694 P.2d 418

STATE OF KANSAS, Appellee, v. DWAYNE MERTHA DAVIS, Appellant.

Supreme Court of Kansas.

Opinion filed January 26, 1985.

Attorney(s) appearing for the Case

Ruben Jorge Krisztal, of Kansas City, argued the cause and was on the brief for appellant.

J. Dexter Burdette, assistant district attorney, argued the cause and Robert T. Stephan, attorney general, and Nick A. Tomasic, district attorney, were with him on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

Dwayne Mertha Davis appeals from his conviction by a jury of one count of rape (K.S.A. 21-3502), one count of aggravated sodomy (K.S.A. 21-3506), and one count of aggravated battery (K.S.A. 21-3414). He was acquitted of one count of aggravated robbery (K.S.A. 21-3427).

On December 2, 1982, Davis and Robert Fields were drinking together at Fields' apartment...

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