State v. Moore

The opinion of the court was delivered by This is an appeal as a matter of right by Charles Edward Moore, Jr., following his conviction by a jury in Douglas District Court of kidnapping in violation of K.S.A. 21-3420, aggravated robbery in violation of K.S.A. 21-3427, and murder in the first degree in violation of K.S.A. 21-3401. Moore was sentenced to be confined not less than 30 years nor more than life for kidnapping, not less than 30 years nor more than life for aggravated robbery, and to life imprisonment for murder; the sentences for kidnapping and aggravated robbery to be served concurrently, the sentences for kidnapping and murder to be served consecutively, and all sentences to be served consecutively to prior sentences imposed on Moore in the State of Colorado. All of the charges grew out of the abduction, robbery, and slaying of Samuel C. Norwood on November 28, 1977, at Lawrence, Kansas. Many points are raised; each will be dealt with separately in this opinion. We will first state generally the facts disclosed by the evidence; other facts will be discussed in connection with some of the points raised. Terry Avery, an accomplice of defendant, testified for the State. She left her home in Denver, Colorado, after an argument with her mother, in late November, 1977. She then met the defendant, who asked her to go with him to Lawrence, Kansas, where he planned to get some money from his grandmother. She left Denver with defendant and Lee Harris. The three arrived in Lawrence on November 27 and checked into the College Inn Motel. Avery said that Moore checked in, and then told Avery and Harris that he had registered them in as Valerie and Sam. The three then drove downtown and looked over both the front and the back of the Woolworth store; Moore [229 Kan. 75]