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• Title: State v. Lem'Mons
• Author : Supreme Court of Kansas
• Release Date : January 26, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

The opinion of the court was delivered by This is a direct appeal from a jury conviction of aggravated
sodomy (K.S.A. 21-3506). The defendant, Nelson Lem'Mons, was
found not guilty of rape. This prosecution arose after a
five-year-old child complained to her mother that she had been
sexually abused by the defendant. According to the child, the
defendant had been at her father's place playing dominoes with
the child's father, Charles Peterson. The defendant asked
Peterson if he could go fishing with the child and the father
consented. The child then got into the defendant's car and went
to the defendant's home where they picked up some fishing gear
and proceeded to a creek. According to the child, upon arriving
at the creek defendant took the child to a secluded area where at
the request of the defendant they participated in sexual
activities. Based upon this interview, the State filed a
complaint against the defendant, charging him with rape (K.S.A.
21-3502[a]); aggravated sodomy (K.S.A. 21-3506[b]); indecent
liberties with a child (K.S.A. 21-3503[1][b]); and enticement of
a child (K.S.A. 21-3509). The child was interviewed several times by sheriff's deputies
in which interviews the child made similar accusations against
her father and a third man, in addition to repeating her charges
against the defendant. Based upon these interviews, the State
charged the child's father, Charles Peterson, with rape,
aggravated sodomy, and indecent liberties with a child. Steps
were also taken by a civil action to remove the child from the
custody of the father. In the case charging Lem'Mons, Marian M.
Burns was appointed on July 12, 1983, as counsel to represent
defendant in that criminal prosecution. Marian M. Burns' husband,
Clyde Burns, a partner in the law firm of Burns and Burns, was
appointed to represent Charles Peterson in the criminal
prosecution charging Peterson with the same offenses.

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