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STATE v. YURK

No. 53,048

230 Kan. 516 (1982)

638 P.2d 921

STATE OF KANSAS, Appellee, v. FRANKLIN YURK, Appellant.

Supreme Court of Kansas.

Opinion filed January 15, 1982.

Attorney(s) appearing for the Case

Laurence M. Jarvis, of Laurence M. Jarvis, Chartered, of Kansas City, argued the cause and was on the brief for appellant.

R. Wayne Lampson, 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 appellee.

The opinion of the court was delivered by

HOLMES, J.:

Franklin Yurk appeals from his conviction by a jury of two counts of aggravated robbery (K.S.A. 21-3427).

On the evening of June 17, 1980, Jeffrey Butler and Dora Fowler were robbed at gunpoint as they sat together in their car in the parking lot of a McDonald's restaurant in Kansas City, Kansas. They had been approached by two men, the defendant and one Dennis Smith. Smith pulled a gun from his...

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