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State v. Calvert

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eBook details

  • Title: State v. Calvert
  • Author : Supreme Court of Kansas
  • Release Date : January 20, 1973
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

The opinion of the court was delivered by Defendant appeals from convictions by a jury of two counts of robbery in the first degree. (K.S.A. 21-527, now K.S.A. 1972 Supp. 21-3426, 21-3427.) On the morning of February 23, 1970, a man entered the Wichita office of the Public Finance Corporation. He was approached by the cashier, Phyllis Johnson, who offered her help. The man produced a handgun and said: Yes, I want the money. I want all of it. The office manager, Mr. Donald Hogan, produced money from the safe and from two cash drawers and delivered it to the robber, who left the premises. According to the witnesses the robbery took from two to four minutes. At the trial, Hogan, Johnson and Jerry Trabell, assistant manager of the corporation office, identified the defendant as the robber. On the morning of March 7, 1970, Georgia Williams, a sales clerk employed at Duckwall's Store located in the Westlink Shopping Center in Wichita, reported to work by entering the back room of the store through an unlocked outside door. When she entered she saw a man standing on a stairway leading from the back room to the second floor office. The man was holding a handgun and said: This is a holdup. He forced Mrs. Williams to remain standing on the stairway. A second man was already in the store office on the second floor. Shortly thereafter, the store's assistant manager, Jerry Orebaugh, entered the back room from the sales floor. One of the men pointed a gun toward Orebaugh's face and told him: This is a holdup. Witnesses noted that one robber was considerably taller than the other. The shorter of the two robbers forced Orebaugh to go to the upstairs office and deliver the store's money. The taller man stayed on the stairs and kept a gun on three female sales clerks, who had gathered in the back room in the meantime. Two of the clerks and Orebaugh were taken to the store's basement. Orebaugh and one of the clerks were bound and the other clerks were ordered to go to the far end of the basement. At this point the robbers left the premises. At the trial defendant was identified as the taller of the two robbers by Orebaugh and Mrs. Williams.


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