548 P.2d 752 (Kan. 1976), 48080, State v. Rhone

Docket Nº:48080.
Citation:548 P.2d 752, 219 Kan. 542
Party Name:STATE of Kansas, Appellee, v. Larry C. RHONE, Appellant.
Attorney:[6] Curtis Irby, of Moore and Irby, of Wichita, argued the cause and was on the brief for the appellant. Stephen E. Robison, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and Keith Sanborn, district attorney, were with him on the brief for the appellee.
Case Date:April 10, 1976
Court:Supreme Court of Kansas
 
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Page 752

548 P.2d 752 (Kan. 1976)

219 Kan. 542

STATE of Kansas, Appellee,

v.

Larry C. RHONE, Appellant.

No. 48080.

Supreme Court of Kansas

April 10, 1976

Syllabus by the Court

1. A trial court may in its discretion adjourn court to the home or residence of a sick witness for the purpose of taking his testimony if the illness prevents the witness from attending the trial. The validity of the proceedings is not affected by the place where the trial is held, so long as there is no abuse of discretion by the trial court and the parties' rights are not prejudiced.

2. Standards of appellate review of criminal convictions are stated and applied.

3. When two persons are acting jointly in the theft of property and one participant conceals from the other the

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fact that property of a value of fifty dollars or more has been stolen, the concealment or misrepresentation does not reduce such other's offense from felony to misdemeanor theft.

4. In a conviction of the offenses of aggravated burglary, felony theft and sodomy, the record is examined and it is held: The trial court did not abuse its discretion in taking the testimony of an ill witness for the prosecution at her residence or in denying a requested jury instruction in connection with such taking; further, the evidence sufficiently supported the convictions.

Curtis Irby of Moore & Irby, Wichita, argued the cause and was on the brief for appellant.

Stephen E. Robison, Asst. Dist. Atty., argued the cause, and Curt T. Schneider, Atty. Gen., and Keith Sanborn, Dist. Atty., were with him on the brief for appellee.

HARMAN, Commissioner:

Larry C. Rhone was charged with the crimes of aggravated burglary, felony theft, aggravated sodomy and rape. He was convicted by a jury of the first two offenses and of misdemeanor sodomy. The jury was unable to agree on the rape charge and mistrial was declared as to it. Rhone was sentenced upon the offenses of which he was convicted and now appeals.

Evidence for the prosecution revealed the following: On July 2, 1974, Miss R, age eighteen years, lived in an apartment in Wichita with a Mrs. B, who was about fifty years of age. Around [219 Kan. 543] 11:30 p. m. of that day the two were sitting in the apartment bedroom when they heard a noise. Mrs. B went down the hall and saw appellant Rhone crawling through the bathroom window. Appellant grabbed Mrs. B's arm and forced her back into the bedroom. Miss R became alarmed, moved off the bed and stood near the wall.

Mrs. B attempted to reach for the telephone but appellant said, 'I wouldn't do that if I were you'. Appellant then began to unbutton his pants. Mrs. B...

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