Reseña de State v. Ponds and Garrett

State v. Ponds and Garrett de Supreme Court of Kansas Resumen del Libro

The opinion of the court was delivered by In a joint trial by a jury Donald G. Ponds and Anthony R. Garrett were each convicted of two counts of aggravated kidnapping and two counts of rape. Ponds was also convicted of one count of aggravated sodomy. The jury was unable to agree on an additional two counts charging robbery; these counts were later dismissed by the state and no longer concern us. The jury also disagreed as to a third defendant, Elton D. Donahue, whose conviction in a later trial is this day affirmed in State v. Donahue, 218 Kan. 351, 543 P.2d 962. New trial was denied, both defendants were sentenced to concurrent terms on all counts, and this appeal ensued. On the evening of July 10, 1973, Ponds, Garrett and Donahue accosted two young co-eds in the parking lot of the Flicker Lounge, a college-age night spot near Wichita State University. Garrett brandished a pistol, thereby providing the men entry into the car. The women were driven to a deserted area where they were sexually assaulted by the trio, and were later driven back toward the university and left in the car. Other facts will be related in discussing the six claims of error.

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