State v. Stellwagen

The opinion of the court was delivered by

Herd, J.:

This is an appeal by Larry Stellwagen from a jury conviction of rape (K.S.A. 21-3502) and aggravated sodomy (K.S.A. 21-3506). A previous trial had ended with a hung jury.

The facts are essentially undisputed. The evening of January 24, 1981, was a disturbing one for Larry Stellwagen. He had organized a keg party at his home, 705 Lincoln, Topeka. The party was poorly attended. He had a fight with his girl friend and he was rebuffed when he tried to pick up a woman on Eighth Street. He drove around for a time drinking beer, then upon seeing a…