State v. Borthwick

The opinion of the court was delivered by

Davis, J.:

The defendant, Donald Borthwick, appeals his conviction of one count of rape, in violation of K.S.A. 21-3502(1)(a). The Court of Appeals affirmed his conviction in an unpublished opinion filed December 17, 1993. We granted the defendant’s petition for review on four issues: (1) Was there sufficient evidence that the victim was overcome by force or fear to sustain the conviction? (2) Did the trial court err by not instructing the jury on attempted rape? (3) Did the trial court err in allowing the State to present certain rebuttal testimony?…