485 P.2d 1371 (Kan. 1971), 46097, State v. Morgan

Docket Nº:46097.
Citation:485 P.2d 1371, 207 Kan. 581
Party Name:STATE of Kansas, Appellee, v. Gene MORGAN, Appellant.
Attorney:[6] David R. Hederstedt, Lyndon, argued the cause, and Clyde M. Burns, Lyndon, was with him on the brief for the appellant. Adrian M. Farver, County Attorney, argued the cause, and Kent Frizzell, Attorney General, was with him on the brief for the appellee.
Case Date:June 12, 1971
Court:Supreme Court of Kansas
 
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Page 1371

485 P.2d 1371 (Kan. 1971)

207 Kan. 581

STATE of Kansas, Appellee,

v.

Gene MORGAN, Appellant.

No. 46097.

Supreme Court of Kansas

June 12, 1971

Syllabus by the Court

1. In a prosecution for the offense of forcible rape (K.S.A. 21-424) the credibility of the prosecutrix is a question for the jury.

2. In a prosecution for the offense of forcible rape, evidence of the commission of other like offenses by defendant-otherwise admissible under K.S.A. 60-455-is not rendered inadmissible because of the fact defendant had not been convicted of such other offenses or because they had occurred subsequent to the offense for which he is being tried.

3. Under the provisions of K.S.A. 60-441 a verdict may not be impeached by evidence with respect to the reasoning employed by the jury in reaching its decision or as to what may have influenced the mental processes of the jurors in arriving at their verdict.

David R. Hederstedt, Lyndon, argued the cause, and Clyde M. Burns, Lyndon, was with him on the brief for appellant.

Adrian M. Farver, County Atty., argued the cause, and Kent Frizzell, Atty. Gen., was with him on the brief for appellee.

PRICE, Chief Justice:

In this appeal from a conviction of the offense of forcible rape as defined by K.

Page 1372

S.A. 21-424, defendant asserts three contentions of alleged error.

The first is that the verdict of the jury was contrary to the evidence.

The details of the incident need not be related. Highly summarized-the state's evidence established the following: The prosecutrix lived in Osage City. At about 5:30 on the morning of May 18, 1969, defendant went to her home and advised her that her boy-friend was in jail in Emporia on a drunk-driving charge and that he wanted to see her. Defendant offered to drive her to Emporia. About 7:00 that morning they started out-but never reached Emporia. Instead, a few miles out of Osage City defendant turned off on a country road. Following a scuffle in the car, including force and threats of physical violence-defendant [207 Kan. 582] forced himself upon her and had sexual intercourse. He then drove her back to her home. She told no one about the matter until that evening-when she reported it to the sheriff.

Defendant contends that as there was no evidence of torn clothing or bruises on prosecutrix-and that as she did not report the incident until that...

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