STATE v. AUSTIN

No. 46,117

209 Kan. 4 (1972)

495 P.2d 969

THE STATE OF KANSAS, Appellee, v. DANIEL C. AUSTIN, Appellant.

Supreme Court of Kansas.

Opinion filed April 8, 1972.


Attorney(s) appearing for the Case

Leonard F. Watkins, Jr., of El Dorado, argued the cause, and Russell Shultz, of Wichita, was with him on the brief for the appellant.

Mark F. Anderson, Deputy County Attorney, argued the cause, and Vern Miller, Attorney General, Keith Sanborn, County Attorney, and F.H. Jenkins, Jr., Deputy County Attorney, were with him on the brief for the appellee.


The opinion of the court was delivered by

FONTRON, J.:

The defendant, Daniel C. Austin, was convicted of first-degree robbery. He was sentenced to the Kansas State Penitentiary for a term of not less than twenty nor more than forty-two years. The present appeal followed.

In brief, the salient facts are as follows: In the early hours of February 7, 1969, the defendant and one Lewis B. Soupene engaged in a friendly game of pool at the Outer Limits tavern...

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