Quimbee logo
DMCA.com Protection Status
From our private database of 19,800+ case briefs...

State v. Smith

Kansas Court of Appeals
39 Kan. App. 2d 204, 178 P.3d 672 (2008)



One evening, Jesse Smith (defendant) went out for dinner and drinks with his female friend, S.L. S.L. thought of Smith only as a friend. S.L. was dating another man, and she was not interested in a sexual relationship with Smith. After consuming a large quantity of beer, S.L. passed out in Smith’s car on the way to Smith’s home. Smith told S.L. it was unsafe for her to drive and suggested that S.L. sleep in his bed, while he slept on the sofa. S.L. invited Smith to sleep on the other side of the bed, but without any intent to have sexual relations. When S.L. awoke, she discovered that she was naked from the waist down and had semen in her genital area. S.L. left Smith’s house without confronting him. Smith was convicted of rape under Kansas Statutes Annotated § 21-3502(a)(1)(C). Smith testified that he did not remember anything between falling asleep on the couch and waking up the next morning. At trial, L.S. testified as a witness that Smith had committed similar conduct with her. Smith appealed the conviction on the grounds, among others, that: (1) the evidence was insufficient to support the conviction, and (2) the trial court erred by failing to give an instruction on the defense of voluntary intoxication.

Rule of Law


Holding and Reasoning (Greene, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 509,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 509,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 19,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial