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eBook details

• Title: State v. Barry
• Author : Supreme Court of Kansas
• Release Date : January 05, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The opinion of the court was delivered by After a trial to the court Kenneth Warren Barry was convicted of aggravated kidnapping and sentenced to life imprisonment. He appeals, designating twenty-two points on appeal. Several of these encompass more than one claim, so that in all he alleges sixty-seven trial errors. In particular he complains of allegedly illegal searches and of the use of his confession. We have examined each of defendant's allegations and find none which warrants reversal, either singly or in combination. The charge against defendant stemmed from the abduction from Concordia and subsequent rape of a twelve year old girl on May 31, 1972. (The victim is termed Miss K. throughout the record and briefs, and we shall also employ that pseudonym.) The defense was aimed first at destroying the state's evidence identifying Barry as the perpetrator of the crime, and second at showing lack of responsibility because of insanity or diminished responsibility because of intoxication. At the conclusion of the trial the trial court, in addition to a general finding of guilt, specifically found that defendant was sane at the time the crime was committed and was not voluntarily or involuntarily intoxicated, at least not to the extent defendant was incapable of knowing or understanding the wrongfulness of his conduct or of conforming his conduct to the requirements of law.

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