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STATE v. STUART AND JONES

No. 49,304

223 Kan. 600 (1978)

575 P.2d 559

STATE OF KANSAS, Appellee, v. JAMES C. STUART, Appellant, and DARYL B. JONES, Appellant.

Supreme Court of Kansas.

Opinion filed February 25, 1978.

Attorney(s) appearing for the Case

John E. Pyles, of Wichita, argued the cause and was on the brief for appellant James C. Stuart.

John P. Woolf, of Martin, Pringle, Schell & Fair, of Wichita, argued the cause and was on the brief for appellant Daryl B. Jones.

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

OWSLEY, J.:

This is an appeal from a conviction of aggravated robbery (K.S.A. 21-3427). Defendants, James C. Stuart and Daryl B. Jones, raise common issues on appeal as well as points which will be considered separately.

At approximately 9:30 p.m. on March 2, 1977, a Wichita service station was robbed. The station attendant, Joseph W. Briggs, had just returned from a restroom when he looked up and saw a man...

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