State v. Phillips

The opinion of the court was delivered by

Schroeder, J.:

This is a criminal action in which the defendant-appellant, Melvin Phillips, was charged in one count with felonious assault, as defined ,by G. S. 1949 (now K. S. A.), 21-431, and in a second count with sodomy, as defined by G. S. 1949 (now K. S. A), 21-907.

The case was tried to a jury and resulted in a conviction. The trial court after overruling the defendant’s motion for a new trial sentenced him under the habitual criminal act (K. S. A. 21-107a) to be confined in the Kansas State Penitentiary, Lansing, Kansas, for a term of his…