State v. Hemminger

The opinion of the court was delivered by

Fatzer, J.:

The defendant was convicted by a jury of robbery in the first degree (K. S. A. 21-527) and sentenced to a term of from twenty to forty-two years pursuant to K. S. A. 21-530 and 21-107a. He has appealed.

The facts are not in dispute, and those pertinent are summarized: On September 20,1964, defendant and another person robbed the Farha Red Bud Store No. 3, in Wichita, taking $4,400 from two employees at gun point. Subsequently, the defendant was identified by the same two persons, first, from photographs shown them by the Wichita police, and…