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STATE v. THOMPSON

No. 48,320

221 Kan. 165 (1976)

558 P.2d 1079

THE STATE OF KANSAS, Appellee, v. LARRY D. THOMPSON and MICHAEL PENNINGTON, Appellants.

Supreme Court of Kansas.

Opinion filed December 11, 1976.

Attorney(s) appearing for the Case

Ernest H. Moulos, of Wichita, argued the cause, and was on the brief for the appellants.

Christopher A. Randall, assistant district attorney, argued the cause, and Curt Schneider, attorney general, Keith Sanborn, district attorney, and Stephen M. Joseph, assistant district attorney, were 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 action in which the defendants-appellants, Larry D. Thompson and Michael Pennington, were tried by a jury and convicted of aggravated robbery (K.S.A. 21-3427) and aggravated sodomy (K.S.A. 21-3506). The defendants were also charged with kidnapping but a mistrial was declared on that charge when the jury was unable to agree on a verdict.

At the outset we must...

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