State v. DeLespine

The opinion of the court was delivered by

Kaul, J.:

The defendant, Albert D. DeLespine, was convicted on two counts of molesting a child under the age of fifteen years, in violation of K. S. A. 38-711. Under the Habitual Criminal Act defendant was sentenced to terms of fifteen years on each count to be served concurrently.

The defendant was charged in three counts. In Count I the molestation was alleged to have taken place in September of 1965. In Counts II and III it was alleged to have occurred on two occasions in February 1966. Count III was dismissed during the course of the trial. In due…