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STATE v. NIBLOCK

No. 52,613

230 Kan. 156 (1981)

631 P.2d 661

STATE OF KANSAS, Appellee, v. PHILIP ANTHONY NIBLOCK, Appellant.

Supreme Court of Kansas.

Opinion filed July 17, 1981.

Attorney(s) appearing for the Case

Harold T. McCubbin, of Harold T. McCubbin, Chartered, of Norton, argued the cause and was on the brief for the appellant.

Rod Ludwig, county attorney, argued the cause and Robert T. Stephan, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

This is an appeal by Philip Anthony Niblock from his jury conviction of aggravated robbery (K.S.A. 21-3427), felony theft (K.S.A. 1980 Supp. 21-3701), aggravated assault (K.S.A. 21-3410), and unlawful possession of a firearm (K.S.A. 21-4204). His conviction is the result of a tavern robbery in Beloit.

April 29, 1980, was a routine evening in Rex Smoker, a beer tavern in Beloit. Marilyn Wendell had...

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