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STATE v. BURGESS

No. 45,642

205 Kan. 224 (1970)

468 P.2d 229

THE STATE OF KANSAS, Appellee, v. HENRY EDWARD BURGESS, JR., Appellant.

Supreme Court of Kansas.

Opinion filed April 11, 1970.

Attorney(s) appearing for the Case

Ronald W. Mayes, of Wichita, argued the cause and was on the brief for the appellant.

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

The opinion of the court was delivered by

FONTRON, J.:

The defendant, Henry Edward Burgess, Jr., was convicted of first degree robbery and larceny of an automobile. He has appealed.

Evidence on behalf of the state disclosed that Burgess first met his victim, a male cosmetologist by the name of Dan R. Ohlerking, approximately May 30, 1968, at the Jolly Jug, a Wichita tavern. The following day Burgess moved into Ohlerking's house, at the latter's invitation...

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