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STATE v. CARNEY

No. 47,589

216 Kan. 704 (1975)

533 P.2d 1268

THE STATE OF KANSAS, Appellee, v. HOWARD CARNEY, Appellant.

Supreme Court of Kansas.

Opinion filed April 5, 1975.

Attorney(s) appearing for the Case

Paul W. Clark, of Topeka, argued the cause, and was on the brief for the appellant.

Gene M. Olander, district attorney, argued the cause, and Curt T. Schneider, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is a direct appeal in a criminal case in which the defendant-appellant, Howard Carney, was convicted of aggravated robbery as defined by K.S.A. 1970 Supp. 21-3427. The only real issue in the case was the identity of the defendant as the robber. The record discloses that on October 8, 1971, the Powers Liquor Store located at 1506 East 10th Street in Topeka was robbed. At about 9:00 a.m. on that morning...

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