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STATE v. BERRY

No. 48,999

223 Kan. 566 (1978)

575 P.2d 543

STATE OF KANSAS, Appellee, v. EDWARD J. BERRY, Appellant.

Supreme Court of Kansas.

Opinion filed February 25, 1978.

Attorney(s) appearing for the Case

John D. Clark, of Wichita, argued the cause and was on the brief for the appellant.

J. Larry Linn, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and Vern Miller, district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

Edward J. Berry was convicted of murder in the first degree (K.S.A. 21-3401) and aggravated robbery (K.S.A. 21-3427). The victim was a taxi driver, Gwen Dopps, who had been advised to pick up a cab fare at Hawk's Pharmacy in Wichita in the early morning hours of September 13, 1976. Gwen Dopps stopped at the pharmacy and picked up a man and a woman who gave her their destination. On arrival at that destination...

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