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STATE v. PORTER

No. 48,763

223 Kan. 114 (1977)

574 P.2d 187

STATE OF KANSAS, Appellee, v. BOBBY EARL PORTER, Appellant.

Supreme Court of Kansas.

Opinion filed November 5, 1977.

Attorney(s) appearing for the Case

Charles M. Tuley, of May and Tuley, of Atchison, argued the cause and was on the brief for the appellant.

Thomas F. Werring, county attorney, argued the cause, and Curt T. Schneider, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This is a direct appeal from jury verdicts of guilty of first degree murder (K.S.A. 21-3401) and aggravated robbery (K.S.A. 21-3427).

On Memorial Day, 1975, the owner of a small convenience store in Atchison, Kansas, was gunned down during a robbery. The facts of the crime are unimportant to this appeal. Suffice it to say a description of the robber was spread into the community and nearby states...

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