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STATE v. LAUBACH

No. 48,086

220 Kan. 679 (1976)

556 P.2d 405

STATE OF KANSAS, Appellee, v. THOMAS ORIVE LAUBACH, Appellant.

Supreme Court of Kansas.

Opinion filed November 6, 1976.

Attorney(s) appearing for the Case

Robert C. Littrell, of Manhattan, argued the cause and was on the brief for the appellant.

Paul E. Miller, county attorney, argued the cause, and Curt T. Schneider, attorney general, and Dennis C. Sauter, assistant county attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FOTH, C.:

Thomas Orive Laubach was convicted of aggravated robbery and has appealed.

Shortly after three in the morning of February 25, 1974, Henry Quick, the 85-year-old night clerk at the Wareham Hotel in Manhattan, was approached by a man requesting change for a quarter. When Quick opened the cash drawer he was struck in the head with a desk name plaque. The assailant then leaped over the counter

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