State v. Penry

The opinion of the court was delivered by

Wertz, J.:

This is an appeal from a conviction of the offense of robbery in the first degree (G. S. 1949, 21-527). The undisputed facts, as disclosed by the record, are as follows:

On the night of June 30, 1960, defendant Cecil Penry and his two companions, McPherson and Bond, began a robbery tour in Topeka. The three men drove around the eastern section of town where, prior to the robbery in question, they robbed the occupants of two separate automobiles.

About midnight Bryan Vestal and a Miss DeWitt were parked alongside the road near a television tower…