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STATE v. GREENE

No. 47,085

214 Kan. 78 (1974)

519 P.2d 651

STATE OF KANSAS, Appellee, v. MALCOLM E. GREENE, Appellant.

Supreme Court of Kansas.

Opinion filed March 2, 1974.

Attorney(s) appearing for the Case

Oneil Davis, of Lewis & Davis, of Wichita, argued the cause, and Chester I. Lewis, of the same firm, was with him on the brief for the appellant.

Clifford Bertholf, assistant district attorney, argued the cause, and Vern Miller, attorney general, Keith Sanborn, district attorney, and Stephen M. Joseph, of Wichita, were on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

Defendant Malcolm Greene appeals from conviction of aggravated robbery (K.S.A. 1970 Supp. 21-3427, now K.S.A. 1973 Supp. 21-3427) and aggravated battery of a law enforcement officer (K.S.A. 1970 Supp. 21-3415, now K.S.A. 1973 Supp. 21-3415).

On December 26, 1970, at 9:00 p.m., two black males walked into the Taco Kid restaurant at 2065 East Central in Wichita and

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