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STATE v. SMITH

No. 48,493

223 Kan. 47 (1977)

574 P.2d 161

STATE OF KANSAS, Appellee, v. WARREN SMITH, Appellant.

Supreme Court of Kansas.

Opinion filed November 5, 1977.

Attorney(s) appearing for the Case

Hugh R. McCullough, assistant public defender, 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, was with him on the brief for the appellee.

MEMORANDUM OPINION

Per Curiam:

This is a direct appeal in a criminal action in which the defendant-appellant, Warren Smith, was tried by a jury and convicted of aggravated robbery. (K.S.A. 21-3427.)

At the outset we are asked to determine whether appellant has perfected his appeal within the statutory time giving this court jurisdiction to hear the case. It is the position of the state that the appellant has waived his right to appeal. The...

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