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STATE v. LILLIAN

No. 40,404

180 Kan. 640 (1957)

305 P.2d 828

STATE OF KANSAS, Appellee, v. AMOS E. LILLIAN, Appellant.

Supreme Court of Kansas.

Opinion filed January 12, 1957.

Attorney(s) appearing for the Case

Richard M. Sangster, of Junction City, argued the cause, and William F. Stahl, was with him on the brief for the appellant.

David H. Heilman, county attorney, of Council Grove, argued the cause, and John Anderson, Jr., attorney general, and Paul E. Wilson, assistant attorney general, and Arthur J. Stanley, Jr., special assistant county attorney, of Kansas City, were with him on the brief for the appellee.

The opinion of the court was delivered by

THIELE, C.J.:

For present purposes it may be said that Amos E. Lillian was tried on an information containing two counts, one charging robbery in the first degree, the other charging assault with intent to kill as defined by G.S. 1949, 21-431.

The following facts are not in dispute. On August 11, 1955, Charles Peterson was employed at a filling station in Council Grove, Kansas. About 8:35 p.m. a red and black...

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