Wisner v. State

The opinion of the court was delivered by

Owsley, J.:

This is an appeal from an order of the district court denying defendant Danny Joe Wisner’s motion for post-conviction relief, filed pursuant to K. S. A. 60-1507. Defendant was convicted by a jury of rape in violation of K. S. A. 21-3502, and sentenced to a term of not less than five years nor more than twenty years.

In the information filed by the state, defendant was charged with the crime of aggravated kidnapping. After presentation of the evidence the trial court instructed the jury that the crime of rape was a lesser included offense of…