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STATE v. JOHNSON

No. 48,075

219 Kan. 847 (1976)

549 P.2d 1370

STATE OF KANSAS, Appellee, v. WILLIAM EDWARD JOHNSON, Appellant.

Supreme Court of Kansas.

Opinion filed May 8, 1976.

Attorney(s) appearing for the Case

William D. Hamblin, of Overland Park, argued the cause, and Thomas W. Brooks, of Overland Park, was with him on the brief for the appellant.

G. Joseph Pierron, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and Margaret Jordan, district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

William Edward Johnson was convicted of one count each of kidnapping, rape, and attempted aggravated robbery. His motion for a new trial was overruled and he has appealed.

On October 26, 1974, the victim and a boyfriend attended a hayride and on the way home stopped their vehicle in rural Johnson county in order to talk. While parked, they were accosted by a man armed with a rifle or shotgun who demanded...

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