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STATE v. GAUGER

No. 44,749

200 Kan. 515 (1968)

438 P.2d 455

STATE OF KANSAS, Appellee, v. ROBERT A. GAUGER, JR., Appellant.

Supreme Court of Kansas.

Opinion filed March 9, 1968.

Attorney(s) appearing for the Case

William R. Brady, of Topeka, argued the cause, and was on the brief for the appellant.

James W. Snyder, Jr., assistant county attorney, argued the cause, and Robert C. Londerholm, attorney general, and Joseph J. Dawes, Jr., county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

O'CONNOR, J.:

The defendant, Robert A. Gauger, Jr., was convicted by a jury of first degree robbery (K.S.A. 21-527) and assault with intent to rob (K.S.A. 21-431). His motion for new trial was overruled, and he was sentenced to the state reformatory on each charge, the sentences to run concurrently. He now appeals.

Two points are raised: (1) the propriety of the county attorney's closing argument to the jury...

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