State v. Washington

The opinion of the court was delivered by

Prager, J.:

This is a direct appeal from convictions of first-degree murder (K.S.A. 21-3401), rape (K.S.A. 1979 Supp. 21-3502), and aggravated burglary (K.S.A. 21-3716). The charges and convictions stem from the stabbing death of Cathy Cummings in her apartment at 1325 Tyler, Topeka, on June 17, 1979.

The circumstances of the homicide were essentially undisputed. The time of death was established as being between 1:00 and 3:00 a.m., although the body was not discovered until 9.T5 a.m. by friends. Police arrived on the scene shortly thereafter. The *48victim…