State v. Mims

The opinion of the court was delivered by

Kaul, J.:

Defendant-appellant, David L. Mims, appeals from convictions by a jury of aggravated battery (K. S. A. 21-3414) and attempted aggravated robbery (K. S. A. 21-3301 and 21-3427).

The state’s evidence disclosed that on December 6, 1974, at approximately 11 p.m., defendant entered a tavern known as Harry’s Place in Kansas City, demanded money and shot the bartender, David Harris, in the face at close range with a handgun. Defendant’s first trial ended in a mistrial resulting from a hung jury. At his second trial defendant was convicted on both…