State v. Gilder

The opinion of the court was delivered by

Owsley, J.:

This is an appeal from a conviction of aggravated battery (K.S.A. 21-3414), aggravated sodomy (K.S.A. 21-3506), and rape (K.S.A. 21-3502).

On June 15, 1976, an elderly woman stopped at a rest area on Highway 160 west of Parsons, Kansas. She went into the women’s restroom and was attacked by a man wielding a knife. The assault was interrupted when a passing truck driver who had stopped heard unusual noises coming from the women’s facilities. Thinking someone might be ill he shouted to the victim, asking if she was in need of assistance. The…