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STATE v. HAYES

No. 58,661

239 Kan. 443 (1986)

720 P.2d 1049

STATE OF KANSAS, Appellee, v. BILLY JACK HAYES, Appellant.

Supreme Court of Kansas.

Opinion filed June 13, 1986.

Attorney(s) appearing for the Case

Jessica R. Kunen, deputy appellate defender argued the cause, and Benjamin C. Wood, chief appellate defender, was with her on the brief for appellant.

Sue Carpenter, 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 appellee.

The opinion of the court was delivered by

HOLMES, J.:

Billy Jack Hayes appeals his convictions of one count of rape (K.S.A. 1985 Supp. 21-3502) and one count of aggravated criminal sodomy (K.S.A. 1985 Supp. 21-3506). The sole issue on appeal relates to the admission of certain rebuttal testimony presented by the State.

There is no issue as to the sufficiency of the evidence and as the defense was one of alibi the facts, for the most part, are not disputed...

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