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STATE v. REED

No. 47,333

214 Kan. 562 (1974)

520 P.2d 1314

STATE OF KANSAS, Appellee, v. NATHANIEL REED, Appellant.

Supreme Court of Kansas.

Opinion filed April 6, 1974.

Attorney(s) appearing for the Case

Michael J. Peterson, of Kansas City, argued the cause, and Jay H. Vader, of Kansas City, was with him on the brief for the appellant.

Nick A. Tomasick, district attorney, argued the cause, and Vern Miller, attorney general, was 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 felony first degree murder and he appeals.

His prosecution arose out of the September 4, 1972 robbery of $33.30 from the U-Totem Store No. 502 at 846 Central Avenue, Wyandotte County, Kansas. During the course of this robbery the appellant exhibited, in a threatening manner, a .22 caliber revolver with black electrician's tape on the handle. When the fruits of...

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