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STATE v. McCLAIN

No. 45,920

206 Kan. 496 (1971)

479 P.2d 907

STATE OF KANSAS, Appellee, v. EDWARD J. "EDDIE" McCLAIN, a/k/a BUSTER McCLAIN and a/k/a BUSTER McCLAIRSON, Appellant.

Supreme Court of Kansas.

Opinion filed January 23, 1971.

Attorney(s) appearing for the Case

P.A. Townsend, of Topeka, argued the cause and was on the brief for the appellant.

Harland K. Rieger, assistant county attorney, argued the cause, and Kent Frizzell, attorney general, and Gene M. Olander, county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

Edward J. "Eddie" McClain was convicted by a jury of the offense of robbery in the first degree. Sentenced under the habitual criminal act, he now appeals.

Briefly, evidence for the prosecution revealed the following: About 9:20 a.m. on January 29, 1969, three men entered the office of McEntire Brothers, Inc., a mattress and bedding company at 400 Jefferson street in Topeka. One man remained in...

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