State v. Marks

The opinion of the court was delivered by

Herd, J.:

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

At approximately 10:00 p.m., July 4, 1980, the victim, a twenty-one-year-old student at Emporia State University, went to an Emporia private club called “The Attic.” The club opened late because of a fireworks display that night. The victim was the club’s first customer that evening. She testified she went to the club because she was upset over a recent breakup with her boyfriend.

Shortly after the victim arrived at the club, Elmore Marks,…