STATE v. ROBERTS

No. 48,519

223 Kan. 49 (1977)

574 P.2d 164

STATE OF KANSAS, Appellee, v. CHARLES D. ROBERTS, ROBERT CRITTENDEN, JAMES E. SMITH and ROBERT L. TAYLOR, Appellants.

Supreme Court of Kansas.

Opinion filed November 5, 1977.


Attorney(s) appearing for the Case

James W. Wilson, of Hodge, Wood & Wilson, of Wichita, argued the cause, and Ray Hodge, of the same firm, was with him on the brief for appellant Charles D. Roberts.

Lewin E. Timmerman, of Timmerman & Kratzer, of Wichita, argued the cause and was on the brief for appellant Robert Crittenden.

Willard B. Thompson, of Fleeson, Gooing, Coulson & Kitch, of Wichita, argued the cause and was on the brief for appellant Robert L. Taylor.

Roger K. Wilson, of Arn, Mullins, Unruh, Kuhn & Wilson, of Wichita, argued the cause and was on the brief for appellant James E. Smith.

Stephen M. Joseph, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, Vern Miller, district attorney, and Stephen E. Robison and Richard Ballinger, both assistant district attorneys, were with him on the brief for the appellee.


The opinion of the court was delivered by

FROMME, J.:

Charles D. Roberts, Robert Crittenden, James E. Smith and Robert L. Taylor were jointly charged in a five count information with various crimes arising from two separate incidents which occurred on February 12 and 13 respectively. At trial each defendant was represented by separate counsel. The joint trial resulted in one or more convictions against each defendant. On appeal one record of the trial was...

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