State v. Moore

The opinion of the court was delivered by

Allegruoci, J.:

Gary Moore was convicted by a jury of one count of rape, K.S.A. 1986 Supp. 21-3502, and one count of aggravated incest, K.S.A. 1986 Supp. 21-3603. He was sentenced to five to twenty years’ and two to five years’ imprisonment, respectively, to run concurrently. Defendant appeals, contending that the trial court erred in admitting into evidence prior sexual relations between him and the victim without a limiting instruction and in denying defendant’s motions for mistrial and new trial based on statements by the prosecuting attorney in…