STATE v. ASPINWALL

Nos. 38,592 and 38,593

173 Kan. 699 (1953)

252 P.2d 841

STATE OF KANSAS, Appellee, v. ERNEST ASPINWALL, Appellant.

Supreme Court of Kansas.

Opinion filed January 24, 1953.


Attorney(s) appearing for the Case

Lewin E. Timmerman and Waldo B. Wetmore, both of Wichita, argued the cause, and Z. Wetmore, of Wichita, was with them on the briefs for the appellant.

William C. Farmer, assistant county attorney, argued the cause, and Harold R. Fatzer, attorney general, Paul E. Wilson, assistant attorney general, and Thomas F. Seed, county attorney, were with him on the briefs for the appellee.


The opinion of the court was delivered by

WEDELL, J.:

The defendant appeals from convictions of kidnapping in the second degree and robbery in the first degree.

The facts to sustain the convictions are not in dispute. Only sufficient facts will be narrated to present defendant's contentions. In substance they were about as follows:

On October 18, 1940, the defendant was charged jointly with one LaVerne...

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