State v. Ponds and Garrett

The opinion of the court was delivered by

Foth, C.:

In a joint trial by a jury Donald G. Ponds and Anthony R. Garrett were each convicted of two counts of aggravated kidnapping and two counts of rape. Ponds was also convicted of one count of aggravated sodomy. The jury was unable to agree on an additional two counts charging robbery; these counts were later dismissed by the state and no longer concern us. The jury also disagreed as to a third defendant, Elton D. Donahue, whose conviction in a later trial is this day affirmed in State v. Donahue, 218 Kan. 351, 543 P. 2d 962. New trial was…