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STATE v. MORRIS

No. 45,945

208 Kan. 464 (1972)

493 P.2d 274

THE STATE OF KANSAS, Appellee, v. HAROLD MORRIS, Appellant.

Supreme Court of Kansas.

Opinion filed January 22, 1972.

Attorney(s) appearing for the Case

Leonard D. Munker, of Wichita, argued the cause and was on the brief for the appellant.

David P. Calvert, deputy county attorney, argued the cause, and Vern Miller, attorney general, and Keith Sanborn, county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

Appellant was convicted by a jury of first degree robbery and he appeals, alleging three trial errors all relating to the court's instructions to the jury. They will be discussed as presented in his statement of points.

"1. The Court failed to instruct the jury of a lesser included offense, namely, receiving stolen property."

The court's proposed instructions were discussed in chambers....

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