Although he at first claimed he was only socially acquainted with Lorna, he later admitted to having had sexual relations with her.Ĭarter testified that in May 1983, Lorna approached him and asked him to meet with her at the Faith Lutheran Church in Emporia where she worked as the secretary. He testified that he had become acquainted with Martin and Lorna Anderson through a social sorority. He had been married for nineteen years and had three children. Carter was a life-long resident of Lyon County, Kansas, who worked as a self-employed business contractor at the time of trial. The State's case was developed primarily through the testimony of Darrel Carter. The facts, which are complex, will be stated as briefly as possible since the defendant does not challenge the sufficiency of the evidence. In addition, the defendant contends the complaint information did not charge an offense, and that the prosecutor was guilty of misconduct during closing argument. The defendant contends the trial court erred in numerous aspects, including the admission of certain hearsay statements of Lorna Anderson, the taking of and admission of deposition testimony of a State's witness, the admission of evidence concerning Martin Anderson's life insurance, and the failure to give certain cautionary instructions. The defendant was sentenced to a term of not less than two and a half and not more than seven years' imprisonment. Bird (defendant-appellant) guilty of criminal solicitation. This is an appeal in a criminal action from a jury verdict finding Thomas P. The opinion of the court was delivered by Stephan, attorney general, was with him on the brief for the appellee. Symmonds, county attorney, argued the cause, and Robert T. Hecht, of Scott, Quinlan & Hecht, of Topeka, argued the cause and was on the brief for the appellant.
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