State v. Kelly

The opinion of the court was delivered by

Fatzer, C. J.:

The appellant, Sherman L. Kelly, was convicted by a jury on October 28, 1970, of two counts of rape (K. S. A. 1971 Supp. 21-3502), one count of aggravated sodomy (K. S. A. 1971 Supp. 21-3505), and two counts of aggravated burglary (K. S. A. 1971 Supp. 21-3716). A motion for new trial was overruled on November 13,1970, and he was sentenced under the Habitual Criminal Act. (K. S. A. 1971 Supp. 21-4504.)

On August 3, 1970, prior to the filing of the original complaint in the magistrate court, a lineup was conducted at the Shawnee County jail…