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STATE v. STEWARD

No. 48,010

219 Kan. 256 (1976)

547 P.2d 773

STATE OF KANSAS, Appellee, v. EUGENE M. STEWARD, Appellant.

Supreme Court of Kansas.

Opinion filed March 6, 1976.

Attorney(s) appearing for the Case

Robert W. Harris, of Harris, Sheeley & Hills, (court-appointed), of Kansas City, argued the cause and was on the brief for the appellant.

Philip L. Sieve, Assistant District Attorney, argued the cause, and Curt T. Schneider, Attorney General, and Nick A. Tomasic, District Attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

KAUL, J.:

The defendant-appellant, Eugene M. Steward, appeals from convictions by a jury of first degree murder (K.S.A. 21-3401); rape (K.S.A. 21-3502); aggravated battery (K.S.A. 21-3414); and two counts of aggravated robbery (K.S.A. 21-3427). The charges arose out of an incident occurring on April 13, 1974, at the home of Billy and Betty Walker in which two armed men killed and robbed Billy and robbed, raped and...

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