State v. Porter

The opinion of the court was delivered by

Owsley, J.:

This is a direct appeal from jury verdicts of guilty of first degree murder (K.S.A. 21-3401) and aggravated robbery (K.S.A. 21-3427).

On Memorial Day, 1975, the owner of a small convenience store in Atchison, Kansas, was gunned down during a robbery. The facts of the crime are unimportant to this appeal. Suffice it to say a description of the robber was spread into the community and nearby states. After several leads were investigated a warrant was issued for the arrest of defendant. On July 10, 1975, defendant was transported from Little…