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STATE v. NELSON

No. 49,034

223 Kan. 572 (1978)

575 P.2d 547

STATE OF KANSAS, Appellee, v. ROY S. NELSON, Appellant.

Supreme Court of Kansas.

Opinion filed February 25, 1978.

Attorney(s) appearing for the Case

Ralph M. King, Jr., of Norwood, King & Fairchild, of Lawrence, argued the cause and was on the brief for appellant.

Michael J. Malone, county attorney, argued the cause and Curt T. Schneider, attorney general, and Janet Roberts, legal intern, were with him on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

This is a direct appeal by defendant-appellant from conviction by a jury of three counts of aggravated robbery (K.S.A. 21-3427), five counts of kidnapping (K.S.A. 21-3420[b]), and one count of aggravated weapons violation (K.S.A. 21-4202).

On February 28, 1976, three black males robbed the Mr. Steak restaurant in Lawrence, Kansas, and the family of four that was eating in the otherwise empty...

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