State v. Gauger

The opinion of the court was delivered by

Fromme, J.:

The appellant Robert A. Gauger, Jr., appeals from a verdict of guilty and a judgment convicting him of robbery in the first degree committed on July 2, 1966. He was sentenced under the Habitual Criminal Act to the Kansas State Penitentiary for a term of not less than twenty nor more than forty-two years. (K. S. A. 21-530 and 21-107a.) The enhanced penalty was based upon one prior conviction of a felony committed in Leavenworth county on September 25, 1965. (Case No. 9892.)

The points raised in the motion for a new trial and in the…