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STATE v. BORTHWICK

No. 68,307

255 Kan. 899 (1994)

880 P.2d 1261

STATE OF KANSAS, Appellee, v. DONALD RICHARD BORTHWICK, Appellant.

Supreme Court of Kansas.

Opinion filed September 16, 1994.

Attorney(s) appearing for the Case

Robert E. Keeshan, of Hamilton, Peterson, Tipton & Keeshan, of Topeka, argued the cause and was on the briefs for appellant.

Ellen H. Mitchell, assistant county attorney, argued the cause, and Thomas R. Stanton, assistant district attorney, Julie McKenna, district attorney, and Robert T. Stephan, attorney general, were on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

The defendant, Donald Borthwick, appeals his conviction of one count of rape, in violation of K.S.A. 21-3502(1)(a). The Court of Appeals affirmed his conviction in an unpublished opinion filed December 17, 1993. We granted the defendant's petition for review on four issues: (1) Was there sufficient evidence that the victim was overcome by force or fear to sustain the conviction? (2) Did the trial court err...

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