State v. Schoenberger

The opinion of the court was delivered by

Fontron, J.:

This appeal emanates from a conviction of aggravated assault under K. S. A. 21-3410 and the imposition of a sentence of from one to ten years.

The incident giving rise to the criminal charge occurred Octo ber 13, 1973, during a street fracas in Russell, Kansas. Two groups were involved, three young black brothers on one side, members of the Murphy family, and the defendant and his friend Leslie Rum-back, both white, on the other.

By way of background, the defendant and Rumback had been engaged in working on the defendant’s car earlier in the…