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STATE v. PHILLIPS

No. 50,890

227 Kan. 370 (1980)

607 P.2d 56

STATE OF KANSAS, Appellee, v. CLEOPHAS C. PHILLIPS, JR., Appellant.

Supreme Court of Kansas.

Opinion filed March 1, 1980.

Attorney(s) appearing for the Case

Russell Shultz, of Shultz, Fry & Fisher, of Wichita, argued the cause and was on the brief for the appellant.

Michael Barbara, assistant district attorney, argued the cause and Robert T. Stephan, attorney general, and Vern Miller, district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

This is an appeal from a jury conviction of aggravated kidnapping (K.S.A. 21-3421) and felony murder (K.S.A. 21-3401). The defendant was sentenced to two life terms. He appeals.

On August 1, 1978, at 5:00 a.m., Leroy Jenkins was awakened by the defendant, Cleophas C. Phillips, Jr., knocking on his door. Phillips asked Jenkins to go fishing. Jenkins agreed and followed Phillips to his truck which was...

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