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STATE v. PONDS

No. 50,897

227 Kan. 627 (1980)

608 P.2d 946

STATE OF KANSAS, Appellee, v. TERRY L. PONDS, Appellant.

Supreme Court of Kansas.

Opinion filed April 5, 1980.

Attorney(s) appearing for the Case

Stephen M. Joseph, of Glover, Joseph & Bergman, of Wichita, argued the cause and was on the brief for the appellant.

David Moses, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, Vern Miller, district attorney, and Neal Brady, assistant district attorney, were 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 jury verdict which found Terry L. Ponds (defendant-appellant) guilty of aggravated robbery (K.S.A. 21-3427). The appellant contends the trial court erred in refusing to suppress identification testimony, and in refusing to declare a mistrial after the prosecutor's remarks in closing argument.

About 12:30 a.m. on Saturday, March 11, 1978, Dana Winters...

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