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STATE v. BRANCH AND BUSSEY

No. 48,966

223 Kan. 381 (1978)

573 P.2d 1041

STATE OF KANSAS, Appellee, v. RICHARD BRANCH III and EUGENE BUSSEY, Appellants.

Supreme Court of Kansas.

Opinion filed January 21, 1978.

Attorney(s) appearing for the Case

Stuart D. Mitchelson, of Mission, argued the cause and was on the brief for appellant Richard Branch III.

Robert W. Hedrick, of Kansas City, argued the cause and was on the brief for appellant Eugene Bussey.

Richard S. Wetzler, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and Dennis W. Moore, district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

Defendants Richard Branch III and Eugene Bussey were convicted by a jury of two counts of aggravated robbery (K.S.A. 21-3427), conspiracy to commit robbery (K.S.A. 21-3302), and felony murder (K.S.A. 21-3401). Defendants appeal from these convictions, raising common issues.

On June 30, 1975, defendant Bussey and two other persons went to an apartment in Lenexa, Kansas. There they met Joel Bruner...

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