STATE v. PENRY

No. 42,696

189 Kan. 243 (1962)

368 P.2d 60

THE STATE OF KANSAS, Appellee, v. CECIL PENRY, Appellant.

Supreme Court of Kansas.

Opinion filed January 20, 1962.


Attorney(s) appearing for the Case

William B. McCormick, of Topeka, argued the cause and was on the briefs for the appellant.

Robert M. Brown, county attorney, argued the cause, and William Ferguson, attorney general, was with him on the briefs for the appellee.


The opinion of the court was delivered by

WERTZ, J.:

This is an appeal from a conviction of the offense of robbery in the first degree (G.S. 1949, 21-527). The undisputed facts, as disclosed by the record, are as follows:

On the night of June 30, 1960, defendant Cecil Penry and his two companions, McPherson and Bond, began a robbery tour in Topeka. The three men drove around the eastern section of town where, prior to the robbery in question, they...

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