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STATE v. HEMMINGER

No. 46,159

207 Kan. 172 (1971)

483 P.2d 1096

STATE OF KANSAS, Appellant, v. LAWRENCE HEMMINGER, Appellee.

Supreme Court of Kansas.

Opinion filed April 10, 1971.

Attorney(s) appearing for the Case

Larry Kirby, deputy county attorney, argued the cause, and Kent Frizzell, attorney general, and Keith Sanborn, county attorney, were with him on the brief for the appellant.

Ray Hodge, of Beaty, Hodge and Wood, of Wichita, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is an appeal by the state from an order granting defendant's motion for new trial filed after he was sentenced upon his conviction by a jury of the offense of first degree robbery.

We first recite chronologically the pertinent facts.

On September 20, 1964, two men held up a Farha Red Bud supermarket in Wichita. Later, a complaint was filed...

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