State v. Gauger

The opinion of the court was delivered by

O’Connor, J.:

The defendant, Robert A. Gauger, Jr., was convicted by a jury of first degree robbery (K. S. A. 21-527) and assault with intent to rob (K. S. A. 21-431). His motion for new trial was overruled, and he was sentenced to the state reformatory on each charge, the sentences to run concurrently. He now appeals.

Two points are raised: (1) the propriety of the county attorney’s closing argument to the jury, and (2) whether or not, under the evidence, two separate, distinct offenses were committed.

On September 25, 1965, Virgil Ballard, the victim,…