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STATE v. McQUILLEN

No. 58,335

239 Kan. 590 (1986)

721 P.2d 740

STATE OF KANSAS, Appellee, v. PATRICK T. McQUILLEN, Appellant.

Supreme Court of Kansas.

Opinion filed July 18, 1986.

Attorney(s) appearing for the Case

Ronald E. Wurtz, of Topeka, argued the cause and was on the brief for appellant.

Sue Carpenter, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, Gene M. Olander, district attorney, and Debra A. Vermillion, legal intern, were with her on the brief for appellee.

The opinion of the court was delivered by

MILLER, J.:

The defendant, Patrick T. McQuillen, was convicted by jury trial in Shawnee District Court of rape, K.S.A. 21-3502, and aggravated sodomy, K.S.A. 21-3506. The offense occurred on November 13, 1982. The trial took place after remand from our court, State v. McQuillen, 236 Kan. 161, 689 P.2d 822 (1984). The defense was consent.

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