State v. Smith

The opinion of the court was delivered by

Kaul, J.:

This is an appeal from a conviction of murder in the second degree (K. S. A. 21-3402). Defendant was charged and tried on a two count information. In' count No. 1 he was charged with murder in the first degree (K. S. A. 21-3401) and in count No. 2 with rape. Defendant was convicted of murder in the second degree on count No. 1 and acquitted of the charge of rape on count No. 2. Defendant’s defense at trial was that the killing was in self-defense and that the alleged rape was a voluntary sexual agreement between the victim and himself.

The…