State v. Davis

The opinion of the court was delivered by

Holmes, J.:

Dwayne Mertha Davis appeals from his conviction by a jury of one count of rape (K.S.A. 21-3502), one count of aggravated sodomy (K.S.A. 21-3506), and one count of aggravated battery (K.S.A. 21-3414). He was acquitted of one count of aggravated robbery (K.S.A. 21-3427).

On December 2,1982, Davis and Robert Fields were drinking together at Fields’ apartment in Wyandotte County when an argument developed. Fields’ landlady, Mrs. D., attempted to stop the argument and was temporarily successful. As the three continued drinking together a second…