Richard G. Guinn, assistant district attorney, argued the cause, and Michael B. Buser, assistant district attorney, Dennis W. Moore, district attorney, and Robert T. Stephan, attorney general, were on the brief for the appellee. This is an appeal from a jury conviction for aggravated kidnapping, K.
The facts are bizarre. On Saturday, July 2, , James W. Norwine, a car salesman and divorced father of one, left his home in Lenexa at about p. This caused him to travel on this night to the area of 10th and McGee in Kansas City, Missouri, with the hope and expectation of meeting another man with a similar sexual preference.
At about p. Norwine met appellant Charles Peck. Norwine had met Peck the prior Wednesday when Peck rode with Norwine in his car. After that car ride, Peck introduced Norwine to Robert Epple. Norwine and Peck then parted amicably. On July 2 when Norwine returned to the 10th and McGee area he again met Charles Peck, who agreed to go with Norwine to Norwine's home to spend the night. When they arrived at Norwine's home, Peck and Norwine watched television and drank alcoholic beverages for about an hour.
Norwine then suggested, "It's getting late; let's go to bed. He laid them on his bedroom dresser. Norwine was also wearing a diamond ring on his hand which he did not remove. Suddenly and without warning, Peck shoved Norwine to the bed, produced a pair of handcuffs and handcuffed Norwine's hands behind his back.
Norwine asked, "What's going on? What are we doing, playing games? What are we doing? Norwine pleaded with Peck to release the handcuffs because they were painfully tight. Norwine then told Peck he could have anything he wanted. Shortly thereafter Peck yelled at Norwine, "You lousy faggot Peck struck Norwine's face with his fist two or three times. Although he had difficulty recalling what occurred after being struck, Norwine testified that while handcuffed, he was pushed down the stairs, out of his house and forced into the trunk of his car.
