STATE v. WELLBORN

No. 82,309.

27 Kan. App.2d 393 (2000)

4 P.3d 1178

STATE OF KANSAS, Appellee, v. ROBERT W. WELLBORN, Appellant.

Court of Appeals of Kansas.

Opinion filed April 28, 2000.


Attorney(s) appearing for the Case

Francis E. Meisenheimer, of Martindell, Swearer & Shaffer, L.L.P., of Hutchinson, for appellant.

Melanie S. Pfeifer and Jared Maag, assistant attorneys general, and Carla J. Stovall, attorney general, for appellee.

Before ELLIOTT, P.J., BEIER, J., and PADDOCK, S.J.


ELLIOTT, J.:

Robert W. Wellborn appeals his convictions of rape and four counts of aggravated indecent liberties with a child. The victim was defendant's daughter.

We are compelled to reverse and remand for a new trial.

The record on appeal contains conflicting testimony which, if believed, would support the convictions—if only we were comfortable in concluding the jury unanimously agreed on a single act during the various time periods charged...

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