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STATE v. JOHNSON & TAYLOR

No. 48,776

223 Kan. 119 (1977)

573 P.2d 976

STATE OF KANSAS, Appellee, v. JAMES JOHNSON, JR., and PHILLIP TAYLOR, Appellants.

Supreme Court of Kansas.

Opinion filed November 5, 1977.

Attorney(s) appearing for the Case

David R. Hills, of Kansas City, argued the cause, and was on the brief for the appellant, James Johnson, Jr., and Dennis L. Horner, of Kansas City, argued the cause, and was on the brief for the appellant, Phillip Taylor.

Dennis L. Harris, 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

PRAGER, J.:

This is a direct appeal in a criminal action in which the two defendants, James Johnson, Jr. and Phillip Taylor, were jointly tried and convicted of aggravated robbery (K.S.A. 21-3427). The evidence was undisputed that a Vickers Service Station in Kansas City, Kansas, was robbed by two armed black males on the morning of November 11, 1975. The sole issue in the case was the identity of the defendants as...

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