PER CURIAM.
Background facts necessary for a proper understanding of the issues raised in this appeal are not presently in dispute. On October 31, 1959, police officer, Lyle Koberstein, took the appellant, Eddie David Cox, into custody as suspected of passing a "no good" check at a jewelry store in Junction City, Kansas. After placing Cox in a police car and driving a short distance toward the station the appellant "whipped out his gun" and directed the policeman...
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