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STATE v. ROTH

No. 45,835

207 Kan. 691 (1971)

486 P.2d 1385

STATE OF KANSAS, Appellee, v. KENNETH ARTHUR ROTH, Appellant.

Supreme Court of Kansas.

Opinion filed July 16, 1971.

Attorney(s) appearing for the Case

Gerald L. Goodell, of Topeka, argued the cause, and Thomas E. Wright, of Topeka, was with him on the brief for the appellant.

Gene M. Olander, County Attorney, argued the cause, and Vern Miller, Attorney General, was with him on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

The defendant, Kenneth Arthur Roth, appeals from convictions by a jury of murder in the first degree (K.S.A. 21-401 [now K.S.A. 1970 Supp. 21-3401]) and of robbery in the first degree (K.S.A. 21-527 [now K.S.A. 1970 Supp. 21-3427]).

Roth, Dale Albert Chase, and Douglas Mark DeWitt were charged with the murder and robbery of James E. Long, a taxicab driver for the Yellow Cab Company of Topeka. Separate...

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