State v. Everson

The opinion of the court was delivered by

Schroeder, C.J.:

This is an appeal in a criminal action from a jury verdict finding Thomas E. Everson (defendant-appellant) guilty of rape (K.S.A. 1980 Supp. 21-3502) and aggravated sodomy (K.S.A. 21-3506). The appellant contends the trial court erred in failing to instruct on the lesser included offense of sodomy, and in overruling a motion for mistrial. The appellant also contends the evidence was not sufficient to support the verdict finding him guilty on each count.

The twenty-two-year-old victim testified that late in the evening of November 9,…