State v. Emery

The opinion of the court was delivered by

Fatzer, C. J.:

This is an appeal from a verdict and judgment finding the defendant, Elmer Emery, guilty of aggravated burglary and rape.

The sordid facts are briefly summarized.

Between 12:30 and 1:00 a. m., June 30, 1973, the appellant entered the home of the complaining witness at 917 Chestnut Street, Leavenworth, Kansas. Her husband had gone to work about two hours earlier, and she was alone in the house except for her three children — ages four years, three years and seven months.

The children were asleep in their bedroom and the complainant was asleep…