STATE v. FLYNN

No. 103,566.

257 P.3d 1259 (2011)

45 Kan. App. 2d 1113

STATE of Kansas, Appellee, v. Ira Wayne FLYNN, Appellant.

Court of Appeals of Kansas.

June 24, 2011.


Attorney(s) appearing for the Case

Carol Longenecker Schmidt and Heather Cessna , of Kansas Appellate Defender Office, for appellant.

Evan C. Watson , county attorney, and Steve Six , attorney general, for appellee.

Before MALONE, P.J., PIERRON and ARNOLD-BURGER, JJ.


ARNOLD-BURGER, J.

Ira Wayne Flynn argues that the jury should have been instructed at his rape trial that he had a reasonable time to cease consensual sexual intercourse once the victim told him to stop. Finding that such an instruction was warranted and had it been given the jury might have acquitted him of rape, we reverse and remand.

FACTS

Flynn and A.S. drove together to a party. While at the party, Flynn and A.S. drank alcohol and played games...

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