STATE v. KIRK

No. 46,682

211 Kan. 165 (1973)

505 P.2d 619

STATE OF KANSAS, Appellee, v. FOREE KIRK, Appellant.

Supreme Court of Kansas.

Opinion filed January 20, 1973.


Attorney(s) appearing for the Case

Charles S. Scott, of Scott, Scott, Scott & Jackson, of Topeka, argued the cause and was on the brief for appellant.

Larry B. McGrath, county attorney, argued the cause, and Vern Miller, attorney general, and James W. Morrison, assistant county attorney, were with him on the brief for appellee.


The opinion of the court was delivered by

FATZER, C.J.:

The appellant, Foree Kirk, was convicted by a jury of the offense of aggravated robbery as defined in K.S.A. 1972 Supp. 21-3427. The Information alleged that on October 3, 1970, Kirk robbed Joseph Earl Anderson, d/b/a Anderson's Fine Foods, 610 North Fifth Street, Manhattan, of $550 by threatening the check-out clerk, Lena Magnus, with a pistol.

The appellant's trial commenced on February 8, 1971...

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