STATE v. DAVIS

No. 51,259

227 Kan. 174 (1980)

605 P.2d 572

STATE OF KANSAS, Appellee, v. EDWARD R. DAVIS, Appellant.

Supreme Court of Kansas.

Opinion filed January 19, 1980.


Attorney(s) appearing for the Case

John C. Amorosa, of Kansas City, argued the cause and was on the brief for the appellant.

Dennis L. Harris, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Nick A. Tomasic, district attorney, were with him on the brief for the appellee.


The opinion of the court was delivered by

SCHROEDER, C.J.:

This is an appeal in a criminal action from a court judgment which found Edward R. Davis (defendant-appellant) guilty of aggravated robbery (K.S.A. 21-3427). The appellant contends the trial court erred in finding the use of a starter pistol in the robbery elevated the crime to aggravated robbery, and that the court erred in imposing sentence under K.S.A. 1978 Supp. 21-4618.

On January 21,...

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