State v. Wright

The opinion of the court was delivered by

Dawson, J.:

For reasons deemed sufficient a rehearing was granted in this appeal.

The material facts are sufficiently stated in our first opinion. (138 Kan. 31, 23 P. 2d 475.)

It is now strongly urged that the evidence was insufficient to identify this defendant as one of the three robbers who invaded Warden’s place of business on the night of April 18, 1931. This contention is based upon the evidence of witnesses who testified that *15on the night in question defendant was employed and at work repairing the top of a reservoir in Topeka about the time the…