STATE v. PORTER, GREEN & SMITH

No. 51,704

228 Kan. 345 (1980)

615 P.2d 146

STATE OF KANSAS, Appellee, v. MILTON PORTER, WILLIAM GREEN, and VERNON SMITH, Appellants.

Supreme Court of Kansas.

Opinion filed July 18, 1980.


Attorney(s) appearing for the Case

Donald E. Bucher, of Kansas City, argued the cause and was on the brief for appellants Milton Porter and William Green.

Joseph P. Perry, of Bonner Springs, argued the cause and was on the brief for appellant Vernon Smith.

Philip L. Sieve, chief deputy district attorney, argued the cause, and Robert T. Stephan, attorney general, and Nick A. Tomasic, district attorney, were with him on the brief for appellee.


The opinion of the court was delivered by

HOLMES, J.:

This is a consolidated appeal from a jury verdict finding appellants, Milton Porter, William Green and Vernon Smith, each guilty of two counts of aggravated robbery (K.S.A. 21-3427).

On the 23rd day of April, 1979, two black men entered an APCO service station in Kansas City, Kansas, and robbed two station attendants at gunpoint. During the time that the robbery was taking place, Wendell Kilian...

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