STATE v. SMITH

No. 96,120.

178 P.3d 672 (2008)

STATE of Kansas, Appellee, v. Jesse SMITH, Appellant.

Court of Appeals of Kansas.

March 14, 2008.


Attorney(s) appearing for the Case

Jessica J. Travis, of Keck & Travis, LLC, of Olathe, for appellant.

Amory K. Lovin, assistant district attorney, Jerome A. Gorman, district attorney, and Paul J. Morrison, attorney general, for appellee.

Before GREEN, P.J., GREENE and LEBEN, JJ.


GREENE, J.

Jesse Smith appeals his conviction and sentence for rape, arguing insufficiency of the evidence, error in the admission of certain evidence, error in applying the rape shield statute, instruction error, cumulative trial error, and sentencing error. We reject Smith's challenge to the sufficiency of the evidence. We conclude, however, that the district court erred in refusing to instruct the jury as to voluntary intoxication, but we conclude the error was...

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