The opinion of the court was delivered by
FATZER, J.:
The appellant, Charles Lindberg Pierson, was convicted by a jury of the crime of robbery in the first degree (K.S.A. 21-527), and he was sentenced to confinement and hard labor in the Kansas State Penitentiary for a term of not less than 40 years nor more than 60 years pursuant to K.S.A. 21-530 and 21-107a.
The armed robbery took place on the evening of August 9, 1964,
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