State v. Lillian

The opinion of the court was delivered by

Thiele, C. J.:

For present purposes it may be said that Amos E. Lillian was tried on an information containing two counts, one charging robbery in the first degree, the other charging assault with intent to kill as defined by G. S. 1949, 21-431.

The following facts are not in dispute. On August 11, 1955, Charles Peterson was employed at a filling station in Council Grove, Kansas. About 8:35 p. m. a red and black Pontiac automobile bearing New Mexico license plates was driven into the station and a passenger alighted. Peterson went around the automobile…