State v. McClain

The opinion of the court was delivered by

Harman, C.:

Eugene R. McClain was convicted by a jury of the offense of aggravated robbery. His motion for new trial was denied, he was sentenced and now appeals.

Grover’s Smokehouse, 1020 North Topeka Avenue, Topeka, was the scene of the robbery which occurred the night of Sunday, December 17, 1972. Present in the establishment were the assistant manager and two other employees. The employees were closing the place and the assistant manager was counting the evening’s receipts. At about 11:00 p. m. a fourth employee, who had been outside listening to…