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STATE v. MITCHELL

No. 55,128

234 Kan. 185 (1983)

672 P.2d 1

STATE OF KANSAS, Appellee, v. STEVEN P. MITCHELL, Appellant.

Supreme Court of Kansas.

Opinion filed October 21, 1983.

Attorney(s) appearing for the Case

Dennis L. Phelps, of Wichita, argued the cause and was on the brief for the appellant.

Geary N. Gorup, assistant district attorney, argued the cause and, Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, 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 for aggravated robbery. K.S.A. 21-3427.

On Saturday, February 20, 1982, at approximately 11:00 p.m., a young black male entered the Phoenix Club, a private club on 21st Street in Wichita. The black male walked up to the bar and the bartender, Steve Virden, approached him. The black male pulled a gun on Virden and instructed...

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