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STATE v. SMITH

Nos. 45,845 and 45,846 (Consolidated)

206 Kan. 403 (1971)

479 P.2d 840

STATE OF KANSAS, Appellee, v. VIRGIL R. SMITH, Appellant.

Supreme Court of Kansas.

Opinion filed January 23, 1971.

Attorney(s) appearing for the Case

George D. McCarthy, of Wichita, argued the cause and was on the briefs for the appellant.

James W. Wilson, Deputy County Attorney, argued the cause, and Kent Frizzell, Attorney General, and Keith Sanborn, County Attorney, and David P. Calvert, Deputy County Attorney, were with him on the briefs for the appellee.

The opinion of the court was delivered by

KAUL, J.:

These two direct criminal appeals were consolidated for consideration by this court after a "Motion To Consolidate" was filed stating that the same question is presented in each case.

In case No. 45,845 defendant was charged with two counts of robbery in the first degree and with one count of attempted robbery in the first degree.

In case No. 45,846 defendant was charged with the offense of...

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