Kirby v. State

DECKER, C.J.,

The issues raised by Kirby on appeal relate to alleged errors at the preliminary examination and the trial, and accordingly we deal with them under those headings.

PRELIMINARY EXAMINATION

Complainant Schindler was the sole witness at the preliminary hearing. She had returned to her apartment from an afternoon walk. Her roommate and four men were present. Schindler was tied hands and feet when Kirby came to the premises. Kirby untied her hands and feet and showed the others how to retie her “the correct way.” Apparently she was placed facedown with her hands and feet tied to the…