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STATE v. CUNNINGHAM

No. 48,575

222 Kan. 704 (1977)

567 P.2d 879

STATE OF KANSAS, Appellee, v. JERRY E. CUNNINGHAM, Appellant.

Supreme Court of Kansas.

Opinion filed July 11, 1977.

Attorney(s) appearing for the Case

Hugh R. McCullough, of Topeka, argued the cause and was on the brief for the appellant.

Albert D. Keil, Assistant District 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

KAUL, J.:

Defendant-appellant, Jerry E. Cunningham, appeals from convictions by a jury of aggravated robbery (K.S.A. 21-3427) and aggravated assault (K.S.A. 21-3410). The charges stemmed from a robbery of a cashier of the Jayhawk Theater in Topeka on April 23, 1975.

The cashier, Mrs. Helen Tucker, testified that sometime around 9 p.m. a person, who was later identified by her as defendant, came to the cashier...

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