State v. Mitchell

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal in a criminal action from a jury verdict which found Robert Eugene Mitchell (defendant-appellant) guilty of aggravated robbery. (K. S. A. 21-3427.)

The appellant contends prejudicial error was committed by the admission of statements in evidence concerning his arrest on a similar charge, by the introduction of a weapon similar to the holdup weapon and by the suggestive use of photographs.

On June 18, 1974, Mark McCumin, the assistant manager of Pier I Imports at 5301 Johnson Drive, Mission, Kansas, was counting money in…