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STATE v. SMITH

No. 47,280

215 Kan. 34 (1974)

523 P.2d 691

STATE OF KANSAS, Appellee, v. DANNY L. SMITH, Appellant.

Supreme Court of Kansas.

Opinion filed June 15, 1974.

Attorney(s) appearing for the Case

Harry L. Eddy, of Wichita, argued the cause and was on the brief for the appellant.

Larry Kirby, assistant district attorney, argued the cause, and Vern Miller, attorney general, Keith Sanborn, district attorney, and Stephen M. Joseph, of counsel, were with him on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

Danny L. Smith appeals from a judgment of convictions for aggravated robbery (K.S.A. 1973 Supp. 21-3427) and aggravated battery (K.S.A. 1973 Supp. 21-3414).

Appellant does not question the sufficiency of the evidence but a brief summary will be helpful. The charges arose from the armed robbery of a filling station attendant in Wichita, Kansas. The testimony...

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