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STATE v. FRYE

No. 46,639

209 Kan. 520 (1972)

496 P.2d 1403

THE STATE OF KANSAS, Appellee, v. THOMAS FRYE, Appellant.

Supreme Court of Kansas.

Opinion filed May 6, 1972.

Attorney(s) appearing for the Case

Robert J. Foster, of Kansas City, argued the cause and was on the brief for the appellant.

Nick A. Tomasic, Chief Deputy County Attorney, argued the cause, and Vern Miller, Attorney General, and Frank D. Menghini, County Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FONTRON, J.:

The defendant, Thomas Frye, was convicted of aggravated robbery in violation of K.S.A. 1971 Supp. 21-3427 and appeals from the conviction and sentence. He will be referred to herein either as the defendant, or Frye.

On July 19, 1970, three characters bearing firearms and wearing clown makeup on their faces appeared at Friedman Auto Supply in Kansas City, Kansas, and proceeded to commit a robbery...

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