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State v. Hanks

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eBook details

  • Title: State v. Hanks
  • Author : Supreme Court of Kansas
  • Release Date : January 26, 1985
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

The opinion of the court was delivered by This is an appeal by the defendant, Steven L. Hanks, following
his conviction by jury trial in Barton County District Court of
criminal trespass, K.S.A. 21-3721; battery, K.S.A. 21-3412;
attempted rape, K.S.A. 21-3301, -3502; aggravated battery, K.S.A.
21-3414; aggravated burglary, K.S.A. 21-3716; and aggravated
robbery, K.S.A. 21-3427. Defendant raises a number of issues,
which we will separately state later in this opinion. These
involve claims of error as to sufficiency of the evidence,
argument of counsel, other crimes evidence, consolidation,
mistrial, opinion evidence, double jeopardy, speedy trial, and
jury instruction. The charges of criminal trespass and battery arose out of an
incident which took place July 6, 1981. The balance of the
charges arose out of a separate incident occurring on November
26, 1981. The charges, originally filed as separate cases, were
consolidated for trial on motion of the State. The first trial
began December 20, 1982, and concluded three days later when the
court declared a mistrial, the jury being unable to agree on a
verdict. The second trial commenced on March 14, 1983, and
concluded with the defendant's conviction on March 16, 1983. On
motion of the defendant, that verdict was set aside and a new
trial was granted. The third trial began on July 5, 1983, and
concluded on July 8, with the defendant again being found guilty
on all counts. This appeal followed the overruling of new trial
motions and the imposition of sentence.


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