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State v. Smith

39 Kan. App. 2d 204, 178 P.3d 672 (2008)

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State v. Smith

Kansas Court of Appeals

39 Kan. App. 2d 204, 178 P.3d 672 (2008)

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Facts

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

Issue

Holding and Reasoning (Greene, J.)

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