[Download] "State v. Mccarty" by Supreme Court of Kansas ~ eBook PDF Kindle ePub Free

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eBook details

• Title: State v. Mccarty
• Author : Supreme Court of Kansas
• Release Date : January 06, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

The opinion of the court was delivered by This is a direct appeal from convictions of three counts of aggravated robbery (K.S.A. 21-3427). The defendant, Steven R. McCarty, was sentenced pursuant to the mandatory minimum sentence provisions of K.S.A. 1976 Supp. 21-4618, which applies to convictions of Article 34 crimes where the defendant used a firearm. The facts in the case are not greatly in dispute and are as follows: Count 1 involved the robbery of Griff's Drive-In restaurant in Kansas City, Kansas, on October 30, 1976. Two restaurant employees positively identified the defendant, Steven R. McCarty, as the robber who displayed a pistol and compelled them to hand over the restaurant's money. Count 2 involved the robbery of Miller's Retail Liquor Store in Kansas City on December 7, 1976. In this robbery the defendant's accomplice was identified as having a gun. Although the defendant McCarty was identified as one of the robbers, there was no testimony that he personally used a firearm. Count 3 involved a robbery of the Highway Oil filling station in Kansas City on December 16, 1976. According to the testimony of the station employee, the robbery was committed by the defendant McCarty and another man and it was the defendant McCarty who pointed a pistol at the employee and demanded all of the money on the [224 Kan. 180] premises. Money was taken in each of the three robberies described in the three counts. The defense to each count was alibi. The only real issue presented at the trial was the identity of the defendant as one of the robbers.

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