The opinion of the court was delivered by
SCHROEDER, J.:
This is an appeal in a criminal action wherein the appellant was tried by a jury and convicted of robbery in the first degree as defined in K.S.A. 21-527. Having had one prior felony conviction, the appellant was sentenced under the habitual criminal act to the Kansas State Penitentiary for a term of not less than twenty nor more than forty-two years. (K.S.A. 21-530 and 21-107a.)
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