STATE v. McCLAIN

No. 47,551

216 Kan. 602 (1975)

533 P.2d 1277

STATE OF KANSAS, Appellee, v. EUGENE R. McCLAIN, Appellant.

Supreme Court of Kansas.

Opinion filed April 5, 1975.


Attorney(s) appearing for the Case

Joel W. Meinecke, of Topeka, argued the cause and was on the brief for the appellant.

Donald P. Morrison, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and Gene M. Olander, district attorney, were with him on the brief for the appellee.


The opinion of the court was delivered by

HARMAN, C.:

Eugene R. McClain was convicted by a jury of the offense of aggravated robbery. His motion for new trial was denied, he was sentenced and now appeals.

Grover's Smokehouse, 1020 North Topeka Avenue, Topeka, was the scene of the robbery which occurred the night of Sunday, December 17, 1972. Present in the establishment were the assistant manager and two other...

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