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STATE v. SHOEMAKE

No. 51,857

228 Kan. 572 (1980)

618 P.2d 1201

STATE OF KANSAS, Appellee, v. JOE SHOEMAKE, Appellant.

Supreme Court of Kansas.

Opinion filed November 1, 1980.

Attorney(s) appearing for the Case

David R. McLain, of Kansas City, argued the cause and was on the brief for the appellant.

John J. McNally, 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

PRAGER, J.:

This is a direct appeal in a criminal action from convictions of three counts of aggravated robbery (K.S.A. 21-3427) and two counts of felony theft involving two automobiles (K.S.A. 1979 Supp. 21-3701). The facts in the case are undisputed and essentially are as follows: Some time during the night of August 21, 1979, a yellow 1972 Ford Torino was stolen from a residence in Kansas City, Missouri. On August...

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