The opinion of the court was delivered by
FROMME, J.:
The appellant Robert A. Gauger, Jr., appeals from a verdict of guilty and a judgment convicting him of robbery in the first degree committed on July 2, 1966. He 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.
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