Source or Prior Law:

21-527, 21-528, 21-530.

CASE ANNOTATIONS

Annotation to K.S.A. 21-527:

1. Under facts of case, not error to exclude video tape recordings offered as evidence relating to defendant's sanity. State v. Chase, 206 Kan. 352, 480 P.2d 62.

Annotations to K.S.A. 21-3427:

2. Unless it fails to state a public offense, sufficiency of information may not be challenged in post-conviction proceeding. Weathers v. State, 208 Kan. 653, 493 P.2d 270.

3. Conviction affirmed; sentence modified. State v. Frye, 209 Kan. 520, 521, 496 P.2d 1403.

4. Mentioned in upholding conviction under K.S.A. 21-3414; circumstances supported inference that defendant aided and abetted. State v. Edwards, 209 Kan. 681, 683, 498 P.2d 48.

5. Conviction upheld; lineup waived by counsel and cellblock identification conducted; under totality of circumstances due process not violated. State v. Hill, 209 Kan. 688, 498 P.2d 92.

6. Conviction hereunder; evidence by photographic identification while without counsel; constitutional rights not violated. State v. Anderson, 211 Kan. 148, 149, 505 P.2d 691.

7. Conviction hereunder; error to admit testimony of absent witness given at former trial; failure to establish unavailability. State v. Kirk, 211 Kan. 165, 505 P.2d 619.

8. Conviction under K.S.A. 21-527 (now repealed); record reviewed; no prejudicial error. State v. Calvert, 211 Kan. 174, 175, 505 P.2d 1110.

9. Conviction hereunder based on aiding and abetting statute (K.S.A. 21-3205); failure to give circumstantial evidence instruction held error. State v. White, 211 Kan. 862, 508 P.2d 842.

10. Conviction hereunder affirmed; exclusion of testimony of lineup identification because lineup defective; defendant not entitled to mistrial. State v. Jackson, 212 Kan. 473, 510 P.2d 1219.

11. Conviction of murder in first degree while perpetrating or attempting to perpetrate the felony hereunder upheld. State v. Shepherd, 213 Kan. 498, 499, 516 P.2d 945.

12. Conviction hereunder and under K.S.A. 21-3415; record reviewed no error. State v. Greene, 214 Kan. 78, 519 P.2d 651.

13. Conviction hereunder; failure to comply with inspection order; record examined; no prejudicial error. State v. Hollaway, 214 Kan. 636, 522 P.2d 364.

14. Conviction hereunder; misconduct on part of prosecuting attorney not shown; conviction upheld. State v. Murrell, 215 Kan. 10, 523 P.2d 348.

15. Conviction hereunder and under K.S.A. 21-3414 reviewed; no reversible error. State v. Smith, 215 Kan. 34, 35, 36, 523 P.2d 691.

16. Conviction hereunder; error to permit cross-examination as to prior convictions. State v. Harris, 215 Kan. 649, 527 P.2d 949.

17. Conviction hereunder; evidence sufficient to sustain conviction. State v. Ritson, 215 Kan. 742, 743, 529 P.2d 90.

18. Various alleged trial errors after conviction hereunder examined and conviction upheld. State v. Collins, 215 Kan. 789, 528 P.2d 1221.

19. Conviction of kidnapping and aggravated robbery; alleged trial errors examined; no error. State v. Lamb, 215 Kan. 795, 530 P.2d 20.

20. Conviction hereunder and under K.S.A. 21-3716 upheld; no right to have jury trial reinstated after voluntary waiver. State v. Lawrence, 216 Kan. 27, 530 P.2d 1232.

21. Not error to permit cross-examination of witness as to conviction of robbery for purpose of impeachment; K.S.A. 60-421 applied. State v. Laughlin, 216 Kan. 54, 530 P.2d 1220.

22. Conviction hereunder reversed; failure to instruct jury on lesser offenses held reversible error. State v. Boyd, 216 Kan. 373, 532 P.2d 1064.

23. Conviction hereunder affirmed; constitutional rights not violated. State v. Estes, 216 Kan. 382, 532 P.2d 1283.

24. Conviction hereunder upheld; no error in the allowance of testimony from alleged common-law wife. State v. Johnson, 216 Kan. 445, 532 P.2d 1325.

25. Conviction hereunder; comment concerning privilege of witness not prejudicial to defendant; privilege not exercised. State v. Freeman, 216 Kan. 653, 534 P.2d 226.

26. Conviction hereunder and under K.S.A. 21-3420; alleged trial errors examined; no error. State v. Ralls, 216 Kan. 692, 533 P.2d 1294.

27. Conviction hereunder; various alleged trial errors examined; no reversible errors found. State v. Carney, 216 Kan. 704, 533 P.2d 1268.

28. Conviction under murder-felony rule; record examined; no reversible error. State v. Bey, 217 Kan. 251, 252, 535 P.2d 881.

29. No prejudicial error found in review of conviction under this section. State v. Deffenbaugh, 217 Kan. 469, 536 P.2d 1030.

30. Admission of evidence in conviction hereunder upheld. State v. Morin, 217 Kan. 646, 538 P.2d 684.

31. Conviction hereunder; record examined and conviction upheld; evidence sufficient. State v. Kane, 218 Kan. 13, 542 P.2d 335.

32. Plea of guilty to this and other sections; motion to set aside conviction denied; affirmed on appeal. Trotter v. State, 218 Kan. 266, 267, 543 P.2d 1023.

33. Failure to suppress certain testimony and error in jury instructions; reversible error. State v. McCorgary, 218 Kan. 358, 359, 543 P.2d 952.

34. Record examined on appeal from conviction hereunder; no reversible error. State v. Jackson, 218 Kan. 491, 543 P.2d 901.

35. Assignments of error considered; confession voluntary; conviction hereunder upheld. State v. Jones, 218 Kan. 720, 545 P.2d 323.

36. Conviction hereunder; evidence of good character introduced; proper to cross-examine on prior convictions. State v. Bowers, 218 Kan. 736, 545 P.2d 303.

37. Conviction hereunder affirmed; statute requires only presence of weapon not its use. State v. Buggs, 219 Kan. 203, 206, 207, 547 P.2d 720.

38. Conviction hereunder affirmed; evidence presented to jury might fairly conclude guilt beyond reasonable doubt; no error in overruling motion for judgment of acquittal. State v. Hollaway, 219 Kan. 245, 247, 547 P.2d 741.

39. Conviction hereunder upheld; testimony and physical evidence properly allowed. State v. Steward, 219 Kan. 256, 257, 547 P.2d 773.

40. Motion under K.S.A. 60-1507 to vacate guilty plea; alleged facts not conclusively refuted by record, hearing required. Morrow v. State, 219 Kan. 442, 443, 548 P.2d 727.

41. Conviction hereunder and of aggravated battery reviewed and affirmed. State v. Stewart, 219 Kan. 523, 548 P.2d 787.

42. Record examined on appeal from conviction hereunder; conviction upheld. State v. Stewart, 219 Kan. 523, 548 P.2d 787.

43. Conviction hereunder reviewed; no reversible error. State v. Johnson, 219 Kan. 847, 848, 549 P.2d 1370.

44. Conviction hereunder reviewed; no error found. State v. Barnes, 220 Kan. 25, 26, 551 P.2d 815.

45. Alleged trial errors reviewed on appeal from conviction hereunder; no error. State v. McClain, 220 Kan. 80, 551 P.2d 806.

46. Admission of exhibits and amendment of information after close of evidence not error; conviction affirmed. State v. Rives, 220 Kan. 141, 551 P.2d 788.

47. Conviction hereunder; warrantless search and instructions upheld. State v. Huff, 220 Kan. 162, 163, 551 P.2d 880.

48. Record examined from conviction hereunder; conviction affirmed. State v. Burks, 220 Kan. 240, 553 P.2d 328.

49. Conviction of juvenile of first degree murder while violating this section; record examined; no error. State v. Young, 220 Kan. 541, 542, 552 P.2d 905.

50. Conviction hereunder and under K.S.A. 21-4204 upheld; confession voluntary; evidence sufficient. State v. Harwick, 220 Kan. 572, 574, 552 P.2d 987.

51. Conviction hereunder affirmed; delay not prejudicial; admissibility of evidence. State v. Laubach, 220 Kan. 679, 556 P.2d 405.

52. Court's ruling on pretrial discovery motion and evidentiary matters upheld; conviction hereunder affirmed. State v. Brown, 220 Kan. 684, 556 P.2d 443.

53. Record examined on appeal from conviction hereunder; judgment affirmed. State v. Mitchell, 220 Kan. 700, 701, 556 P.2d 874.

54. Conviction hereunder affirmed; alleged errors reviewed; search and seizure not unreasonable. State v. Boone, 220 Kan. 758, 759, 556 P.2d 864.

55. Conviction hereunder affirmed; no error in admission of evidence. State v. Boone, 220 Kan. 771, 772, 774, 556 P.2d 880.

56. Conviction hereunder affirmed; evidence sufficient; improper remarks of prosecutor not basis for reversal. State v. Perales, 220 Kan. 777, 556 P.2d 172.

57. Conviction hereunder and of other crimes; record examined; no reversible error. State v. Lewis, 220 Kan. 791, 556 P.2d 888.

58. Conviction of murder and aggravated robbery affirmed; confession properly admitted. State v. Kanive, 221 Kan. 34, 35, 558 P.2d 1075.

59. Conviction hereunder affirmed; information sufficient; failure to instruct on intent not reversible error. State v. Lucas, 221 Kan. 88, 90, 557 P.2d 1296.

60. Guilty verdict affirmed; motion for judgment of acquittal properly overruled. State v. Wilson, 221 Kan. 92, 558 P.2d 141.

61. Conviction of aggravated robbery and aggravated sodomy reviewed and judgment affirmed. State v. Thompson, 221 Kan. 165, 173, 174, 558 P.2d 93.

62. Specific intent not essential element of crime specified by section. State v. Thompson, 221 Kan. 165, 174, 558 P.2d 93.

63. Conviction hereunder; evidence of guilt overwhelming; erroneous admission harmless error. State v. Thompson, 221 Kan. 176, 177, 558 P.2d 1079.

64. Conviction affirmed; refusal to give instruction on theft or theft of lost or mislaid property not error. State v. Colbert, 221 Kan. 203, 204, 557 P.2d 1235.

65. Evidence not revealed until trial; failure of defendant to seek remedy under K.S.A. 22-3212(7); judgment affirmed. State v. Walker, 221 Kan. 381, 559 P.2d 381.

66. Review of record of conviction hereunder; judgment affirmed. State v. Hornbeak, 221 Kan. 397, 398, 559 P.2d 385.

67. Conviction of murder and aggravated robbery affirmed; admission of evidence upheld. State v. Villa & Villa, 221 Kan. 653, 561 P.2d 428.

68. Conviction hereunder; evidence, instructions and denial of probation upheld. State v. Alderdice, 221 Kan. 684, 561 P.2d 845.

69. Conviction hereunder affirmed; failure of trial court to advise of right to testify not error after accused consulted with counsel. State v. McKinney, 221 Kan. 691, 561 P.2d 432.

70. Conviction hereunder upheld; various alleged trial errors examined. State v. Jones, 222 Kan. 56, 57, 563 P.2d 1021.

71. Conviction hereunder upheld; ownership of property taken not essential element of robbery. State v. Glymph, 222 Kan. 73, 74, 563 P.2d 422.

72. Conviction hereunder upheld; cross-examination of witness by trial judge discussed. State v. Boyd, 222 Kan. 155, 563 P.2d 446.

73. Acceptance of plea of nolo contendere to charge and finding of guilt considered a conviction even though defendant not sentenced. State v. Holmes, 222 Kan. 212, 563 P.2d 480.

74. Section proper; conviction upheld. State v. Brooks, 222 Kan. 432, 565 P.2d 241.

75. Section applied; conviction upheld. State v. Pierson, 222 Kan. 498, 565 P.2d 270.

76. Section applied; conviction upheld. State v. Cunningham, 222 Kan. 704, 567 P.2d 879.

77. Appeal from conviction hereunder not taken within statutory time; dismissed. State v. Smith, 223 Kan. 47, 573 P.2d 985.

78. Record examined on appeal from convictions hereunder and of first degree murder; convictions affirmed. State v. Porter, 223 Kan. 114, 574 P.2d 187.

79. New trial ordered; conduct of prosecution; refusal to produce field notes; references to silence of defendant. State v. Johnson & Taylor, 223 Kan. 119, 573 P.2d 595.

80. Conviction hereunder remanded for resentencing; abuse of discretion by trial court. State v. Buckner, 223 Kan. 138, 574 P.2d 918.

81. Trial court abused discretion in sentencing; defendant convicted hereunder; remanded for resentencing. State v. Coe, 223 Kan. 153, 154, 574 P.2d 929.

82. Evidence sufficient to sustain conviction; seizure upon probable cause. State v. Johnson, 223 Kan. 185, 191, 573 P.2d 976.

83. Conduct of prosecutor, although improper, constituted harmless error; conviction under section affirmed. State v. Jordan, 223 Kan. 197, 574 P.2d 194.

84. Conviction hereunder affirmed. State v. Shaffer, 223 Kan. 244, 574 P.2d 205.

85. Judge's instruction of defendant's failure to testify not prejudicial. State v. Perry, 223 Kan. 230, 573 P.2d 989.

86. Conviction of aggravated robbery and aggravated burglary affirmed; confession independent evidence. State v. Goodwin, 223 Kan. 257, 573 P.2d 999.

87. Prosecutor's cross examination of defendant concerning pretrial silence did not constitute reversible error. State v. Taylor, 223 Kan. 261, 574 P.2d 210.

88. Conviction hereunder affirmed; question concerning post arrest silence held harmless error. State v. Smith, 223 Kan. 294, 574 P.2d 161.

89. Record examined on appeal from conviction hereunder and of other crimes; no reversible error. State v. Smallwood, 223 Kan. 320, 321, 574 P.2d 1361.

90. Conviction hereunder and under K.S.A. 21-3302 affirmed as to two defendants; reversed as to another. State v. Watie, Heard and Heard, 223 Kan. 337, 338, 574 P.2d 1368.

91. Conviction hereunder and of other crimes affirmed; instructions proper; counts not duplicitous. State v. Branch and Bussey, 223 Kan. 381, 573 P.2d 1041.

92. Various contentions of defendant considered on appeal from conviction hereunder; judgment affirmed. State v. Jackson, 223 Kan. 554, 575 P.2d 536.

93. Hearsay statement allowed; evidence sufficient to support conviction hereunder. State v. Berry, 223 Kan. 566, 568, 575 P.2d 543.

94. Record examined on appeal from conviction hereunder; conviction affirmed. State v. Nelson, 223 Kan. 572, 575 P.2d 547.

95. Evidence in form of recorded confession of similar crime had sufficient probative value to justify admission; conviction affirmed. State v. Treadwell, 223 Kan. 577, 575 P.2d 550.

96. Alleged trial court errors reviewed on appeal from conviction hereunder; error in application of K.S.A. 21-4618 to accomplice. State v. Stuart and Jones, 223 Kan. 600, 601, 575 P.2d 559.

97. Conviction hereunder reversed; erroneous admission and exclusion of evidence. State v. Bradley, 223 Kan. 710, 576 P.2d 647.

98. Admission of testimony of polygraph test results pursuant to stipulation of parties not error. State v. Roach, 223 Kan. 732, 576 P.2d 1082.

99. Conviction hereunder and of other crimes and sentence under K.S.A. 21-4618 affirmed. State v. Hatch and Smith, 223 Kan. 783, 576 P.2d 687.

100. No reversible error found on appeal from conviction hereunder. State v. Mullins, 223 Kan. 798, 577 P.2d 51.

101. Conviction hereunder reversed; improper comments on defendant's failure to testify. State v. Reeves, 224 Kan. 90, 577 P.2d 1175.

102. Conviction hereunder reversed; charges dismissed as provided by K.S.A. 22-4401 IV (e). State v. Keener, 224 Kan. 100, 577 P.2d 1182.

103. Conviction hereunder affirmed; whether defendant used a firearm in commission of offense to be determined by judge, not jury. State v. McCarty, 224 Kan. 179, 578 P.2d 274.

104. Felony murder and aggravated robbery conviction upheld on appellate review. State v. Edwards, 224 Kan. 266, 267, 579 P.2d 1209.

105. Conviction hereunder reversed; admission of statement of codefendant without limiting not harmless error. State v. Edwards, 224 Kan. 266, 267, 579 P.2d 1209.

106. Conviction hereunder affirmed; conviction of selling liquor without a license not admissible under K.S.A. 60-421. State v. Woolridge, 224 Kan. 480, 580 P.2d 1350.

107. Various allegations of error considered on appeal from conviction hereunder; judgment affirmed. State v. Smith & Miller, 224 Kan. 662, 585 P.2d 1006. Motion for rehearing denied: 225 Kan. 199, 588 P.2d 953.

108. Conviction reversed; denial of admission of prior written inconsistent statement. State v. Murrell, 224 Kan. 689, 585 P.2d 1017.

109. No trial court errors found in review of record on appeal from convictions hereunder and of other crimes. State v. Warden, 224 Kan. 705, 585 P.2d 1038.

110. Alleged errors reviewed on appeal from conviction hereunder; judgment affirmed. State v. Higdon, 224 Kan. 720, 585 P.2d 1048.

111. Admission of testimony of unendorsed witness; waiver; no abuse of discretion; conviction affirmed. State v. Cook, 225 Kan. 259, 589 P.2d 616.

112. Use of firearm, loaded or unloaded, in commission of any offense set out in this article requires mandatory sentence (K.S.A. 21-4618). State v. Deutscher, 225 Kan. 265, 269, 589 P.2d 620.

113. Conviction hereunder upheld; alleged errors reviewed. State v. Stewart, 225 Kan. 410, 591 P.2d 166.

114. Conviction hereunder; alleged errors reviewed. State v. Nicholson, 225 Kan. 418, 590 P.2d 1069.

115. Refusal to dismiss charge hereunder proper; existence of dangerous weapon fact question for jury. State v. Robertson, 225 Kan. 572, 574, 592 P.2d 460.

116. Conviction hereunder; minimum sentence imposed under K.S.A. 21-4618; trial court had no jurisdiction to modify. State v. Rios, 225 Kan. 613, 592 P.2d 467.

117. Conviction hereunder as an aider and abettor affirmed; element of intent inferred from circumstantial evidence; standard of appellate review; abuse of judicial discretion in sentencing. State v. Goering, 225 Kan. 755, 756, 594 P.2d 194.

118. Conviction hereunder affirmed; in-court identification procedures; conflicting evidence; rebuttal evidence; motion for acquittal; lesser included offense instruction; jury challenges; proof of firearm use. State v. Taylor, 225 Kan. 788, 594 P.2d 211.

119. Conviction hereunder affirmed; proof of deadly weapon question for jury; speedy trial rights not violated; selection of additional jurors permitted; lineup identification proper. State v. McCambry, 225 Kan. 803, 594 P.2d 222.

120. Conviction hereunder; time lapse and accusation knowledge go to weight of evidence of flight and not to admissibility. State v. Walker, 226 Kan. 20, 595 P.2d 1098.

121. Conviction hereunder; evidence sufficient to form basis for reasonable inference of guilt. State v. Words, 226 Kan. 59, 61, 62, 596 P.2d 129.

122. Conviction hereunder; no denial of right to effective assistance of counsel; claim based on failure to file notice of alibi. State v. Schrum, 226 Kan. 125, 595 P.2d 1127.

123. Conviction hereunder; validity of consent to search, not abrogated by inability to read; right to object to unauthorized search of motel room forfeited by abandonment of premises. State v. Chiles, 226 Kan. 140, 595 P.2d 1130.

124. In applying K.S.A. 21-4618, words used by trial court in finding defendant used a firearm in an Article 34 offense criticized; must specify that the defendant used a firearm. State v. Quick, 226 Kan. 308, 597 P.2d 1108.

125. Judgment reversed; trial court erred in not issuing bench warrant for a minor who was material witness; erred in not granting continuance. State v. Jones, 226 Kan. 503, 504, 601 P.2d 1135.

126. Information charging aggravated robbery was defective; convictions on aggravated robbery were reversed. State v. Howell & Taylor, 226 Kan. 511, 512, 601 P.2d 1141.

127. Appeal from conviction hereunder. State v. McGhee, 226 Kan. 698, 602 P.2d 1339.

128. Appeal from conviction hereunder. State v. Marks, 226 Kan. 704, 705, 602 P.2d 1344.

129. Appeal from conviction hereunder. State v. Roberts, 226 Kan. 740, 602 P.2d 1355.

130. Appeal from conviction hereunder. State v. Moore, 226 Kan. 747, 602 P.2d 1359.

131. Conviction hereunder upheld; no error by trial court in failing to give instruction on lesser included offense of simple robbery. State v. Prince, 227 Kan. 137, 138, 140, 141, 605 P.2d 563.

132. Conviction hereunder upheld; starter pistol construed to be dangerous weapon. State v. Davis, 227 Kan. 174, 175, 605 P.2d 572.

133. Trial court refusal to grant defendant new trial for newly discovered evidence upheld. State v. Bryant, 227 Kan. 385, 607 P.2d 66.

134. Appeal dismissed; appeal not timely filed. State v. Moses, 227 Kan. 400, 607 P.2d 477.

135. Appeal from conviction hereunder; affirmed. State v. Wilson, 227 Kan. 619, 608 P.2d 1344.

136. Appeal from conviction hereunder; affirmed. State v. Ponds, 227 Kan. 627, 608 P.2d 946.

137. Under evidence, no error in refusal to instruct on lesser included offense of robbery. State v. Lomax & Williams, 227 Kan. 651, 652, 608 P.2d 959.

138. Appeal from conviction hereunder; affirmed. State v. Ward, 227 Kan. 663, 664, 608 P.2d 1351.

139. Conviction of attempted aggravated robbery upheld; mandatory sentencing under K.S.A. 21-4618 considered and applied. State v. Thompson, 3 Kan. App. 2d 426, 427, 429, 596 P.2d 174.

140. Whether defendant used firearm in commission of Article 34 offense is matter to be determined by trial judge at sentencing. State v. Mack, 228 Kan. 83, 85, 612 P.2d 158.

141. Voluntary intoxication may indicate an absence of the required intent and be a defense as to aiding and abetting a general intent crime (aggravated robbery). State v. McDaniel & Owens, 228 Kan. 172, 173, 612 P.2d 1231.

142. Trial court did not err in refusing to admit evidence that a state's witness may have been involved in criminal activities. State v. Bryant, 228 Kan. 239, 613 P.2d 1348.

143. When murder is committed during commission of felony, rule requiring instructions on lesser included offenses not applicable. State v. Purdy, 228 Kan. 264, 265, 615 P.2d 131.

144. Robberies committed at same time from different persons are distinct crimes and support separate charges and convictions. State v. Hutchison, 228 Kan. 279, 284, 615 P.2d 138.

145. Erroneous admission of codefendant's statement held harmless error. State v. Porter, Green & Smith, 228 Kan. 345, 346, 615 P.2d 146.

146. Defense of compulsion (K.S.A. 21-3209) not available if defendant had reasonable opportunity to escape compulsion without committing crime. State v. Harrison, 228 Kan. 558, 559, 560, 618 P.2d 827.

147. When robbery committed as minor but conviction occurred when defendant was 18, probation properly denied; statute not retroactive. State v. Dailey, 228 Kan. 566, 618 P.2d 833.

148. Where in course of robbery, several employees held at gunpoint deliver property in possession or custody of each employee to robber, separate and distinct robberies occur. State v. Shoemake, 228 Kan. 572, 618 P.2d 1201.

149. Conviction of aggravated robbery affirmed. State v. Knoxsah, 229 Kan. 36, 622 P.2d 140.

150. Disclosure of identity of informant lies within sound discretion of the court; defendant must show that informant has information that is material and relevant. State v. Cohen, 229 Kan. 65, 622 P.2d 1002.

151. Trial court did not commit reversible error in failing to give cautionary instruction as to testimony of an accomplice; conviction affirmed. State v. Moore, 229 Kan. 73, 74, 622 P.2d 631.

152. There was sufficient evidence that defendant used a firearm in perpetrating the crime; conviction affirmed. State v. Payton, 229 Kan. 106, 622 P.2d 651.

153. In-court identification of defendant admissible even though there was alleged improper search, seizure and arrest; conviction affirmed. State v. Dickenson, 229 Kan. 152, 621 P.2d 1002.

154. Conviction affirmed; defendant received a speedy trial and must be charged with the time he had escaped from jail and remained at large. State v. Mick, 229 Kan. 157, 621 P.2d 1006.

155. Joinder, severance, confessions, lesser included offenses, ordinary standards of medical practice, prosecutorial comments, change of venue all discussed in upholding conviction. State v. Shaffer, 229 Kan. 310, 311, 624 P.2d 440.

156. Confession during in-custody interrogation, absence of counsel, voluntariness—factors to consider, right to remain silent all discussed. State v. Newfield, 229 Kan. 347, 348, 623 P.2d 1349.

157. "Multiplicity" defined; single offense may not be divided into separate parts. State v. Garnes, 229 Kan. 368, 624 P.2d 448.

158. A killing during flight from aggravated robbery may constitute felony murder if part of res gestae. State v. Rider, Edens & Lemons, 229 Kan. 394, 395, 625 P.2d 425.

159. Defense of entrapment must show intent to engage in criminal conduct was instigated by law enforcement officers. State v. Smith, 229 Kan. 533, 625 P.2d 1139.

160. Mentioned; information amended to attempted murder. Sutton v. State, 6 Kan. App. 2d 831, 636 P.2d 187 (1981).

161. Aggravated assault and aggravated robbery charges held multiplicitous; facts did not support both charges. State v. Niblock, 230 Kan. 156, 631 P.2d 661 (1981).

162. No need for new preliminary hearing on amended information when amendments found not substantive. State v. Johnson & Underwood, 230 Kan. 309, 311, 634 P.2d 1095 (1981).

163. Court should give cautionary instruction if serious question on reliability of eyewitness identification. State v. Warren, 230 Kan. 385, 390, 391, 392, 393, 394, 395, 396, 401, 635 P.2d 1236 (1981).

164. Exclusion of circumstantial evidence and failure to give instruction on eyewitness identification not error. State v. Brown, 230 Kan. 499, 638 P.2d 912 (1982).

165. Reversible error for not granting motion for a mistrial after juror read newspaper article revealing prior convictions of defendant. State v. Yurk, 230 Kan. 516, 638 P.2d 921 (1982).

166. Interlocutory appeal from trial court order suppressing evidence upon finding that consent to search was not informed. State v. Strecker, 230 Kan. 602, 641 P.2d 379 (1982).

167. Upon lawful custodial arrest of occupant of automobile, a policeman may contemporaneously search passenger compartment of automobile. State v. White, 230 Kan. 679, 641 P.2d 353 (1982).

168. Killing of victim and removal of property from body held continuous transaction sufficient to convict; killing accomplished with dangerous weapon. State v. Myers, 230 Kan. 697, 702, 704, 640 P.2d 1245 (1982).

169. Sufficiency of evidence; standard of review is whether court believes that a rational fact finder could have found guilt. State v. Douglas, 230 Kan. 744, 640 P.2d 1259 (1982).

170. Prohibitions against wiretapping not applicable where person who made tape recording was undercover agent and a party to the conversation. State v. Irving, 231 Kan. 258, 259, 644 P.2d 389 (1982).

171. Concurring opinion; presence of gun determined under this statute should not disagree with same determination under K.S.A. 21-3426. State v. Harrison, 231 Kan. 489, 495, 646 P.2d 493 (1982).

172. Various allegations of irregularities in arrest and trial considered; evidence supported conviction. State v. Morgan, 231 Kan. 472, 473, 646 P.2d 1064 (1982).

173. No error in failing to give instruction on crime which is not lesser included offense of crime charged. State v. Warwick, 232 Kan. 232, 235, 654 P.2d 403 (1982).

174. Conviction for attempted aggravated robbery affirmed; sentence modified as sentence imposed under K.S.A. 21-4618 improper. State v. Smith, 232 Kan. 284, 285, 654 P.2d 929 (1982).

175. Various alleged evidentiary and procedural errors considered. State v. Diaz & Altemay, 232 Kan. 307, 308, 654 P.2d 425 (1982).

176. Affidavit supporting search warrant sufficient. State v. Lockett, 232 Kan. 317, 319, 654 P.2d 433 (1982).

177. Failure to call alibi witness with doubtful credibility did not deny defendant effective assistance of counsel. State v. Tyus, 232 Kan. 325, 654 P.2d 947 (1982).

178. Court properly combined post-arraignment time of first prosecution and post-arraignment time of second prosecution. State v. Ransom, 233 Kan. 185, 661 P.2d 392 (1983).

179. Withdrawal of guilty plea denied; plea made to avoid sentencing under habitual criminal act. State v. Robinson, 233 Kan. 384, 662 P.2d 1275 (1983).

180. Cited in holding direct appeal from sentence following guilty plea permissible under code of criminal procedure. State v. Green, 233 Kan. 1007, 1011, 666 P.2d 716 (1983).

181. Terms "deadly weapon" and "dangerous weapon" synonymous; instruction on lesser offense considered. State v. Mitchell, 234 Kan. 185, 190, 672 P.2d 1 (1983).

182. Where information failed to specify felony and instruction on aggravated burglary referred to theft, conviction hereunder supported by overwhelming evidence. State v. Maxwell, 234 Kan. 393, 398, 399, 672 P.2d 590 (1983).

183. Trial court must have opportunity to rule on question of ineffective counsel before presented on appeal. State v. Chamberlain, 234 Kan. 422, 425, 672 P.2d 604 (1983).

184. Value of property taken, not determinative of seriousness; primarily offense against person; property need not have intrinsic value. State v. Gomez, 234 Kan. 447, 449, 673 P.2d 1160 (1983).

185. Items found, defendant's statements and proximity to crime all relevant; violation of sequestration order not disqualifying under circumstances. State v. Handley, 234 Kan. 454, 458, 673 P.2d 1155 (1983).

186. Revision of robbery statute shows no intent to remove robbery as aggravated form of larceny or theft. State v. Long, 234 Kan. 580, 591, 675 P.2d 832 (1984).

187. Rights and responsibilities of prosecution and court regarding juveniles waiver hearings (K.S.A. 38-636) and preliminary hearings (K.S.A. 22-2902) outlined. In re Davis, 234 Kan. 766, 771, 674 P.2d 1045 (1984).

188. Defense counsel, whose motion to withdraw denied, not required to participate in perjury by defendant. State v. Fosnight, 235 Kan. 52, 679 P.2d 174 (1984).

189. Identi-Kit composite goes to weight and sufficiency; pretrial photographic lineup identification not impermissibly suggestive; spouse's observation of keys not privileged. State v. Galloway, 235 Kan. 70, 680 P.2d 268 (1984).

190. Sufficiency of evidence to support aiding and abetting (K.S.A. 21-3205) discussed. State v. Burton, 235 Kan. 472, 681 P.2d 646 (1984).

191. Probable cause at preliminary hearing connotes considerably less proof than may be required at trial. State v. Huff, 235 Kan. 637, 639, 681 P.2d 656 (1984).

192. New trial denied where newly discovered evidence (K.S.A. 22-3501) consisted of known witnesses and testimony defendant failed to use. State v. Littlejohn, 236 Kan. 497, 500, 503, 694 P.2d 403 (1985).

193. Sufficiency of evidence considered. State v. Hanks, 236 Kan. 524, 525, 536, 694 P.2d 407 (1984).

194. Effective assistance of counsel considered. Chamberlain v. State, 236 Kan. 650, 651, 656, 694 P.2d 468 (1985).

195. Sentencing under K.S.A. 21-4618; sufficiency of evidence considered. State v. Pink, 236 Kan. 715, 730, 696 P.2d 358 (1985).

196. Admission of evidence forming part of res gestae considered. State v. Peterson, 236 Kan. 821, 826, 696 P.2d 387 (1985).

197. Sentence within statutory limits as habitual criminal upheld in absence of any special circumstances showing abuse of discretion. State v. Cunningham, 236 Kan. 842, 846, 695 P.2d 1280 (1985).

198. Cross-examining accomplice on plea bargain; surrebuttal evidence material to and not delaying case; impeachment testimony. State v. Davis, 237 Kan. 155, 697 P.2d 1321 (1985).

199. Accomplice testimony on prior crimes, criteria (K.S.A. 60-455); testimony of unavailable witness, question on incentive (K.S.A. 60-460(d)(3)). State v. Sanford, 237 Kan. 312, 699 P.2d 506 (1985).

200. Effects of voluntary intoxication instruction, testimony of witness following unintentional violation of sequestration order. State v. Johns, 237 Kan. 402, 699 P.2d 538 (1985).

201. Refusal to order psychiatric examination for, and use of videotaped deposition of, victim discussed. State v. Wooldridge, 237 Kan. 737, 703 P.2d 1375 (1985).

202. Consolidation of trials, introduction of corrected report by state without informing defense discussed. State v. Lewis, 238 Kan. 94, 708 P.2d 196 (1985).

203. Effect of delays from interlocutory appeals (K.S.A. 22-3603) on constitutional right to speedy trial discussed. State v. Galloway, 238 Kan. 100, 708 P.2d 508 (1985).

204. Sentencing under K.S.A. 21-4618 upheld where defendant used pellet gun. State v. Fowler, 238 Kan. 213, 708 P.2d 539 (1985).

205. Photographic evidence, statements of codefendant, separate trials, mistrial, new trial based on new evidence discussed. State v. Holley, 238 Kan. 501, 712 P.2d 1214 (1986).

206. Invited error, defendant's voluntary absence (K.S.A. 22-3405) examined. State v. Salton, 238 Kan. 835, 715 P.2d 412 (1986).

207. Proceeding under K.S.A. 60-1507; intent to sentencing judge when one of multiple sentences vacated, propriety of judge's ex parte communication with penitentiary discussed. Niblock v. State, 11 Kan. App. 2d 30, 711 P.2d 771 (1985).

208. Disparity of sentences between codefendants discussed. State v. Johnson, 239 Kan. 124, 716 P.2d 192 (1986).

209. Record examined and held, conviction supported by substantial evidence; instruction on unexplained possession of stolen property not prejudicial error. State v. Singleton, 210 Kan. 815, 504 P.2d 224 (1972).

210. Stop and frisk guidelines, right to confrontation (inculpatory oral statements of codefendant) examined. State v. Baker, 239 Kan. 403, 720 P.2d 1112 (1986).

211. Cited; use of doberman pinschers may constitute aggravated battery (K.S.A. 21-3414(c)). State v. Bowers, 239 Kan. 417, 421, 425, 721 P.2d 268 (1986).

212. Differences between K.S.A. 22-3504, 60-1507 examined. State v. Thomas, 239 Kan. 457, 720 P.2d 1059 (1986).

213. Effective assistance of counsel, admission of "body pack" tape recording, "plain view" exception to 4 th Amendment examined. State v. Walker, 239 Kan. 635, 722 P.2d 556 (1986).

214. Compliance with nolo contendere statute (K.S.A. 22-3210) examined. State v. Alsup, 239 Kan. 673, 722 P.2d 1100 (1986).

215. Amendments to complaint, alleged prosecutorial misconduct, jury instructions examined. State v. Barncord, 240 Kan. 35, 36, 726 P.2d 1322 (1986).

216. Excluding expert testimony on eyewitness identification, failure to question juror on ability to serve examined. State v. Wheaton, 240 Kan. 345, 729 P.2d 1183 (1986).

217. Interjection of trial judge into trial proceedings examined. State v. Hamilton, 240 Kan. 539, 540, 731 P.2d 863 (1987).

218. Charges of aggravated robbery and aggravated burglary arising in single transaction are not multiplicitous under facts of case. State v. Holcomb, 240 Kan. 715, 717, 718, 732 P.2d 1272 (1987).

219. Refusal to testify after pleading guilty hereto but before sentencing protected by 5 th Amendment privilege against self-incrimination. State v. Rucas, 12 Kan. App. 2d 68, 734 P.2d 673 (1987).

220. Cited; deadly weapon construed, evidence sufficient to show use of firearm examined. State v. Adams, 12 Kan. App. 2d 191, 195, 737 P.2d 876 (1987).

221. Cited; possession of disassembled sawed-off shotgun pieces easily reassembled as unlawful use (K.S.A. 21-4201) examined. State v. Kulper, 12 Kan. App. 2d 301, 303, 744 P.2d 519 (1987).

222. Peremptory challenges of members of defendant's minority race or group examined. State v. Hood, 242 Kan. 115, 116, 744 P.2d 816 (1987).

223. Photo lineups, victim's eyewitness description, uncorroborated defense testimony, use of rape kit examined. State v. Grubbs, 242 Kan. 224, 747 P.2d 140 (1987).

224. Right to allocution, sentencing factors examined. State v. Webb, 242 Kan. 519, 748 P.2d 875 (1988).

225. Not multiplicious with aggravated battery (K.S.A. 21-3414); exploitation of defendant's silence after Miranda warnings as violation of due process examined. State v. Higgins, 243 Kan. 48, 54, 755 P.2d 12 (1988).

226. Conviction affirmed; elements necessary for instruction on lesser included offense (K.S.A. 21-3107) of theft (K.S.A. 21-3701) examined. State v. Patterson, 243 Kan. 262, 266, 755 P.2d 551 (1988).

227. Conviction affirmed; witness privilege against self-incrimination, length of jury deliberation, failure to object to potential juror prejudice examined. State v. Longobardi, 243 Kan. 404, 756 P.2d 1098 (1988).

228. Conviction affirmed; funds for psychiatric examination, change of venue, defense of compulsion, sequestration of witnesses, due process, double jeopardy examined. State v. Dunn, 243 Kan. 414, 432, 758 P.2d 718 (1988).

229. Conviction affirmed; amendment of complaint, information or indictment before verdict or finding, admission of incriminating statements examined. State v. Rasch, 243 Kan. 495, 758 P.2d 214 (1988).

230. Conviction affirmed; witness examination by judge in bench trial, admissibility of evidence, waiver of jury trial examined. State v. Anderson, 243 Kan. 677, 763 P.2d 597 (1988).

231. Cited; trial court's failure to state specific findings for granting new trial as not grounds for reversal examined. State v. Neal, 243 Kan. 756, 763 P.2d 621 (1988).

232. Defendant's attempted impeachment of witness of prosecution; testimony; imposition of more severe sentence following second trial; instruction on multiple counts examined. State v. Macomber, 244 Kan. 396, 769 P.2d 621 (1989).

233. Identification upon return to crime scene; definitions of dangerous weapon and deadly weapon examined. State v. Colbert, 244 Kan. 422, 769 P.2d 1168 (1989).

234. Cross-examination of defendant as to prior invocation of 5 th Amendment privilege when called as witness in trial against others examined. State v. Ladd, 244 Kan. 429, 769 P.2d 631 (1989).

235. Exculpatory evidence, prior crime evidence, sufficiency of evidence, eyewitness identification instruction examined. State v. Smith, 245 Kan. 381, 383, 781 P.2d 666 (1989).

236. Evidence of witness' drug involvement as inadmissible to impeach credibility (K.S.A. 60-241) examined. State v. Jarmon, 245 Kan. 634, 783 P.2d 1267 (1989).

237. Review of misjoinder, preserving objections for appeal, evidence of drug conviction to impeach witness, sentence enhancement examined. State v. Trotter, 245 Kan. 657, 658, 783 P.2d 1271 (1989).

238. Warrantless arrest and search, pretrial and in-court identification, multiplicitous convictions, acting as cocounsel, jury instructions, prejudicial closing remarks examined. State v. McKessor, 246 Kan. 1, 3, 785 P.2d 1332 (1990).

239. Extent of expert witness' opinion so as not to invade province of jury examined. State v. Graham, 246 Kan. 78, 79, 785 P.2d 983 (1990).

240. Nonarrest stop and search for dangerous weapons pursuant to stop, K.S.A. 22-2402, examined. State v. Potter, 246 Kan. 119, 785 P.2d 989 (1990).

241. Sufficiency of information, specificity of items taken vs. theft charge, cellmate's testimony about defendant's claimed privileged information examined. State v. Spears, 246 Kan. 283, 788 P.2d 261 (1990).

242. K.S.A. 60-1507 as method to seek new trial for newly discovered evidence after limitation in K.S.A. 22-3501 has run examined. State v. Bradley, 246 Kan. 316, 787 P.2d 706 (1990).

243. Reversal of conviction where "threat of bodily harm or force" not alleged determined. McLain v. State, 14 Kan. App. 2d 329, 330, 789 P.2d 1201 (1990).

244. Evidence supporting kidnapping (K.S.A. 21-3420(b)) conviction, identification process examined. State v. Alires, 246 Kan. 635, 792 P.2d 1019 (1990).

245. Stop and search under K.S.A. 22-2402, instructions on lesser offenses, double jeopardy in felony murder trial, grant of immunity examined. State v. Bailey, 247 Kan. 330, 799 P.2d 977 (1990).

246. Instruction on method of committing aggravated robbery not alleged in information, sufficiency of underlying felony in felony murder trial examined. State v. Davis, 247 Kan. 566, 567, 802 P.2d 541 (1990).

247. When lesser included offense instruction required, application of K.S.A. 21-4603 requiring modification of sentence examined. State v. Sutherland, 248 Kan. 96, 97, 804 P.2d 970 (1991).

248. Consolidation of offenses for trial, BB gun as dangerous weapon, sentences in prior conviction examined. State v. Wagner, 248 Kan. 240, 807 P.2d 139 (1991).

249. Felony supporting felony murder conviction, prosecutor's remarks during closing argument examined. State v. Hobbs, 248 Kan. 342, 343, 807 P.2d 120 (1991).

250. Instruction on lesser included offense not required if from evidence jury could not reasonably convict thereon noted. State v. Perkins, 248 Kan. 760, 773, 811 P.2d 1142 (1991).

251. Nonconfrontational videotaped lineup, peremptory challenge of member of defendant's race, prosecutorial comment regarding defendant's lack of alibi witnesses examined. State v. Milo, 249 Kan. 15, 16, 815 P.2d 519 (1991).

252. Contention that evidence insufficient for identification of defendant as perpetrator without merit; conviction may be sustained by circumstantial evidence. State v. Richmond, 250 Kan. 375, 827 P.2d 743 (1992).

253. Battery is a lesser included offense to aggravated robbery based on proof of facts alleged in complaint. State v. Hill, 16 Kan. App. 2d 432, 825 P.2d 1141 (1992).

254. Failure to suppress defendant statements, trial judge remarks to jury, evidence unavailable to defendant, requested instructions examined. State v. Nguyen, 251 Kan. 69, 71, 833 P.2d 937 (1992).

255. Sufficiency of evidence, instructions on lesser included offenses, use of photographic identification evidence. State v. Evans, 251 Kan. 132, 133, 834 P.2d 335 (1992).

256. Jury selection by voter registration lists, evidence of gang membership examined. State v. Bailey, 251 Kan. 156, 158, 834 P.2d 342 (1992).

257. Multiplicity of convictions for aggravated kidnapping and aggravated robbery, lesser included offenses, jurisdiction over defendant/inmate examined. State v. Hammond, 251 Kan. 501, 502, 837 P.2d 816 (1992).

258. Second trial judge's obligation to consider sentence imposed on codefendant when sentencing defendant to longer term examined. State v. Bailey, 251 Kan. 527, 834 P.2d 1353 (1992).

259. Evidence supporting determination to try juvenile as adult (K.S.A. 38-1636) upheld; admission of confession, evidence of gang membership examined. State v. Hooks, 251 Kan. 755, 840 P.2d 483 (1992).

260. Assistance of counsel examined regarding defendant's right to testify and guarantee against self-incrimination. Taylor v. State, 252 Kan. 98, 99, 843 P.2d 682 (1992).

261. State's reasons for peremptory challenges of four black venirepersons in trial of black defendant as racially neutral examined. State v. Poole, 252 Kan. 108, 109, 843 P.2d 689 (1992).

262. Aggravated battery and aggravated robbery multiplicitous when same act of violence provides basis for each conviction. State v. Warren, 252 Kan. 169, 181, 843 P.2d 224 (1992).

263. Conviction affirmed, black plastic water pistol a dangerous weapon, subjective test applied. State v. Childers, 16 Kan. App. 2d 605, 610, 611, 612, 830 P.2d 50 (1992).

264. Jury selection, confession, gang membership, rape shield statute, photographic exhibits, trial misconduct, instructions, peremptory challenge, hard 40 statute, examined. State v. Walker, 252 Kan. 279, 281, 845 P.2d 1 (1993).

265. Conviction hereunder reversed; trial court erred in not giving an instruction on battery as lesser included offense. State v. Clardy, 252 Kan. 541, 543, 847 P.2d 694 (1993).

266. Conviction hereunder reversed; ex parte communication between judge and juror violative of defendant's constitutional rights. State v. Bowser, 252 Kan. 582, 847 P.2d 1231 (1993).

267. Conviction hereunder affirmed; sufficiency of evidence, appointment of counsel for defendant in post-trial motion, exclusion of black prospective jurors examined. State v. Kingsley, 252 Kan. 761, 762, 851 P.2d 370 (1993).

268. Facts justifying stop and search of automobile, validity of confession, nature of interrogation, requested instructions on constitutional rights examined. State v. Johnson, 253 Kan. 75, 78, 853 P.2d 34 (1993).

269. When defendant may be sentenced in absentia, waiver of right to be present examined. State v. Braun, 253 Kan. 141, 853 P.2d 686 (1993).

270. Indigent criminal defendant's right to counsel, charging two or more crimes in same complaint examined. State v. Cromwell, 253 Kan. 495, 497, 856 P.2d 1299 (1993).

271. Requirement that trial court accept plea and make finding of guilt for conviction to stand examined. State v. Morse, 18 Kan. App. 2d 268, 855 P.2d 87 (1993).

272. Whether evidence supported instructing jury on robbery as lesser included offense of aggravated robbery examined. State v. Whitaker, 255 Kan. 118, 128, 872 P.2d 278 (1994).

273. Whether evidence was sufficient to show knife was dangerous weapon for aggravated robbery purposes examined. State v. Bafford, 255 Kan. 888, 897, 879 P.2d 613 (1994).

274. Whether evidence at trial excluded theory of guilt of lesser offense precluding lesser included offense instruction examined. State v. Davis, 256 Kan. 1, 23, 883 P.2d 735 (1994).

275. Whether evidence supported charge of theft rather than aggravated robbery examined. State v. Hays, 256 Kan. 48, 64, 883 P.2d 1093 (1994).

276. Cited; whether state may try juvenile prosecuted as adult on charges not previously raised in juvenile proceeding examined. State v. Randolph, 19 Kan. App. 2d 730, 731, 876 P.2d 177 (1994).

277. Whether victim must actually see object believed to be dangerous weapon to charge aggravated robbery examined. State v. Oliver, 19 Kan. App. 2d 842, 843, 877 P.2d 975 (1994).

278. Whether obtaining control over stolen property is a lesser included offense of aggravated robbery examined. State v. Lewis, 256 Kan. 929, 933, 889 P.2d 766 (1995).

279. Whether judge's comments at sentencing established judge was partial, prejudiced and had corrupt motive examined. State v. McCloud, 257 Kan. 1, 7, 891 P.2d 324 (1995).

280. Whether mislabeled pro se motions for sentence conversion should be reviewed as petitions for habeas corpus examined. State v. Randall, 257 Kan. 482, 483, 893 P.2d 196 (1995).

281. Whether sentencing judge has discretion to impose concurrent or consecutive sentences in multiple conviction cases examined. State v. Peal, 20 Kan. App. 2d 816, 819, 893 P.2d 258 (1995).

282. Venue for robbery proper in county where property has been brought into. State v. Johnson, 258 Kan. 475, 484, 905 P.2d 94 (1995).

283. Bodily harm definitions used in aggravated kidnapping cases appropriate hereunder. State v. Bryant, 22 Kan. App. 2d 732, 734, 922 P.2d 1118 (1996).

284. Proof of a specific intent not required; specific intent distinguished from general intent. State v. Esher, 22 Kan. App. 2d 779, 784, 922 P.2d 1123 (1996).

285. Evidence sufficient for aggravated robbery conviction where defendant removes items from victim's body after killing victim. State v. Holt, 260 Kan. 33, 41, 917 P.2d 1332 (1996).

286. Witness alleged lack of credibility did not render evidence insufficient for aggravated robbery conviction. State v. Abel, 261 Kan. 331, 338, 932 P.2d 952 (1997).

287. Jury instruction which set out elements of aggravated battery not erroneous. State v. Holbrook, 261 Kan. 635, 636, 932 P.2d 958 (1997).

288. No abuse of discretion in imposing same sentence as originally imposed; appellant not eligible for retroactive application of sentencing guidelines. State v. Goodwin, 261 Kan. 961, 933 P.2d 689 (1997).

289. Aggravated robbery conviction upheld; taking effected by threat even though there also was evidence it effected by shooting. State v. Claiborne, 262 Kan. 416, 424, 940 P.2d 27 (1997).

290. Evidence sufficient to convict defendant of aggravated robbery. State v. Kuykendall, 264 Kan. 647, 652, 957 P.2d 1112 (1998).

291. Evidence sufficient to support aggravated robbery conviction. State v. McKinney, 265 Kan. 104, 112, 961 P.2d 1 (1998).

292. Sufficient evidence of aggravated robbery found when victim was beaten, and nearly unconscious, placed in back seat of victim's car and transported to location where killed. State v. Valdez, 266 Kan. 774, 787, 977 P.2d 242 (1999).

293. Under facts, taking of rape victim's glasses insufficient to support aggravated robbery conviction. State v. Montgomery, 26 Kan. App. 2d 346, 347, 988 P.2d 258 (1999).

294. Petitioner's reason for delay in filing timely appeal was insufficient cause for procedural default. Fagan v. Kansas Parole Bd., 51 F. Supp. 2d 1173, 1175 (1999).

295. Instruction requires reversal; personal property was taken in presence of victim but not the person of victim. State v. Robinson, 27 Kan. App. 2d 724, 8 P.3d 51 (2000).

296. Since taking of property was not completed, robbery, not theft, was committed. State v. Bosby, 29 Kan. App. 2d 197, 24 P.3d 193 (2001).

297. No error in admitting one person show-up identification of defendant by clerk at convenience store shortly after robbery. State v. Hunt, 275 Kan. 811, 69 P.3d 571 (2003).

298. Aggravated robbery and aggravated battery are multiplicitous when same act of violence provides basis for each conviction. State v. Groves, 31 Kan. App. 2d 635, 70 P.3d 717 (2003).

299. Where evidence of bodily harm was uncontroverted, not clearly erroneous to omit element of bodily harm from instruction. State v. Daniels, 278 Kan. 53, 91 P.3d 1147 (2004).

300. Eyewitness in-court identification properly admitted. State v. Trammell, 278 Kan. 265, 92 P.3d 1101 (2004).

301. No error in trial court's refusal to allow defendant to withdraw guilty plea. State v. Davis, 33 Kan. App. 2d 134, 98 P.3d 656 (2004).

302. Under totality of circumstances, confession held to be involuntary. State v. Swanigan, 279 Kan. 18, 106 P.3d 39 (2005).

303. Defendant's multiple convictions cannot stand where only one victim was robbed; not necessary to find stolen property to prove defendant stole property. State v. Pham, 281 Kan. 1227, 1251, 1253, 136 P.3d 919 (2006).

304. Instruction regarding lesser included offense of robbery (K.S.A. 21-3426) not warranted because jury could not have reasonably convicted defendant of lesser offense. State v. Simmons, 282 Kan. 728, 742, 148 P.3d 525 (2006).

305. Agreement element of a conspiracy charge may be supported by circumstantial evidence. State v. Davis, 284 Kan. 728, 737, 163 P.3d 1224 (2007).

306. Section mentioned in case involving enhanced sentence pursuant to K.S.A. 21-4504. State v. Kimsey, 38 Kan. App. 2d 319, 322, 164 P.3d 841 (2007).

307. Convictions hereunder reversed; defendant a juvenile and state failed to follow juvenile code procedure. State v. Breedlove, 285 Kan. 1006, 1007, 179 P.3d 1115 (2008).

308. Cited; witness testified what murder victim said but no constitutional confrontation objection raised at trial; no reversible error. State v. Anderson, 287 Kan. 325, 342, 197 P.3d 409 (2008).

309. Conviction hereunder upheld; aiding and abetting principles discussed and applied. State v. Grant, 288 Kan. 76, 201 P.3d 673 (2009).

310. Conviction hereunder affirmed; no error regarding evidence of prior bad acts or photos of victim. State v. Riojas, 288 Kan. 379, 204 P.3d 578 (2009).

311. Convictions hereunder upheld; suppression of evidence denied based on consent to search by another resident. State v. Ransom, 289 Kan. 373, 212 P.3d 203 (2009).

312. Defendant who pled guilty to aggravated robbery and attempted aggravated robbery must register under the Kansas offender registration act. State v. Franklin, 44 Kan. App. 2d 156, 234 P.3d 860 (2010).

313. Skip rule is inapplicable to trial court's failure to give lesser included instruction on theft as a lesser degree of aggravated robbery. State v. Plummer, 45 Kan. App. 2d 700, 251 P.3d 102 (2011).

314. Battery under K.S.A. 21-3412(a)(1) is not a lesser included offense of aggravated robbery under K.S.A. 21-3427. State v. Frierson, 298 Kan. 1005, 319 P.3d 515 (2014).

315. Lifetime parole term imposed in connection with aggravated robbery conviction does not conform to applicable statutory provisions and is an illegal sentence. State v. Lewis, 301 Kan. 349, 383-84, 344 P.3d 928 (2015).

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