State v. Niblock

The opinion of the court was delivered by

Herd, J.:

This is an appeal by Philip Anthony Niblock from his jury conviction of aggravated robbery (K.S.A. 21-3427), felony theft (K.S.A. 1980 Supp. 21-3701), aggravated assault (K.S.A. 21-3410), and unlawful possession of a firearm (K.S.A. 21-4204). His conviction is the result of a tavern robbery in Beloit.

April 29, 1980, was a routine evening in Rex Smoker, a beer tavern in Beloit. Marilyn Wendell had relieved Mike Wagner, the owner, at 6:00 p.m. as bartender. The usual customers came and went throughout the evening. She took in approximately $150…