State v. Collins

The opinion of the court was delivered by

Foth, C.:

Appellant was charged by information with attempted first degree robbery and assault with intent to kill. A jury convicted him of the attempted robbery charged in the first count, and under the second convicted him of the lesser included offense of endangering the life of another in violation of former K. S. A. 21-435. On appeal he alleges the trial court erred in refusing to permit his alibi witnesses to testify and in giving certain instructions.

The victims of the crimes involved were Mr. and Mrs. John Jacobs, who together operated a small…