STATE v. BELL

No. 45,776

206 Kan. 36 (1970)

476 P.2d 213

THE STATE OF KANSAS, Appellee, v. JOHNNIE LEE BELL, Appellant.

Supreme Court of Kansas.

Opinion filed November 7, 1970.


Attorney(s) appearing for the Case

Bruce B. Fitts, of Wichita, argued the cause, and T.L. O'Hara, also of Wichita, was with him on the brief for the appellant.

R.K. Hollingsworth, Deputy County Attorney, argued the cause, and Kent Frizzell, Attorney General, and Keith Sanborn, County Attorney, were with him on the brief for the appellee.


The opinion of the court was delivered by

FONTRON, J.:

The defendant, Johnnie Lee Bell, was convicted of robbery in the first degree. He has appealed, advancing three contentions.

First, the defendant argues that the trial court erroneously overruled his motion for discharge, made at the close of the state's evidence. This claim is based on comments made by the court, when the motion for discharge was argued, that the evidence of guilt was not overwhelming...

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