State v. Kirk

The opinion of the court was delivered by

Fatzer, C. J.:

The appellant, Foree Kirk, was convicted by a jury of the offense of aggravated robbery as defined in K. S. A. 1972 Supp. 21-3427. The Information alleged that on October 3, 1970, Kirk robbed Joseph Earl Anderson, d/b/a Anderson’s Fine Foods, 610 North Fifth Street, Manhattan, of $550 by threatening the check-out clerk, Lena Magnus, with a pistol.

The appellant’s trial commenced on February 8, 1971, and the district court declared a mistrial on February 10, 1971, because the jury could not arrive at a unanimous verdict.

The appellant was…