State v. Lilley

The opinion of the court was delivered by

Herd, J.:

This is an appeal from a conviction of rape. K.S.A. 21-3502.

About 9:00 a.m. March 24, 1981, David Lilley arrived at the home of Melvin Copeland. Lilley had just been sent home from work because he was still “shaky” from a drinking binge the night before. Copeland and his wife were keeping the victim, a fourteen-month-old girl, while the victim’s mother attended a funeral in Topeka.

After Melvin Copeland’s wife left for work he and Lilley went next door to Robert Hopper’s apartment. When they left the Copeland apartment the victim was asleep in…