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State v. Goering

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eBook details

  • Title: State v. Goering
  • Author : Supreme Court of Kansas
  • Release Date : January 05, 1979
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

The opinion of the court was delivered by A jury convicted Sandra Goering of the aggravated kidnapping of Judd Durner (K.S.A. 21-3421); the kidnapping of Rosetta Durner (K.S.A. 21-3420); the aggravated robbery of Judd Durner (K.S.A. 21-3427); burglary of the State Bank of Burrton (K.S.A. 21-3715); the attempted murder of Judd Durner (K.S.A. 21-3301, 21-3401); and the attempted murder of Rosetta Durner (K.S.A. 21-3301, 21-3401). Following sentencing, and the overruling of her post-trial motions, the defendant appeals, contending that the evidence was insufficient to sustain a conviction of the crimes charged, and that the court erred in its instructions, in failing to grant a new trial, in admitting certain exhibits, and in imposing maximum consecutive sentences. All of the charges arose out of an attempt to rob the State Bank of Burrton, Kansas, on September 17, 1974. Very early that morning, Charles Thach, James Keener, and the defendant, Sandra Goering, drove from Wichita to Burrton, and proceeded to the home of Mr. and Mrs. Judd Durner. Mr. Durner was cashier and managing officer of the bank. Mr. and Mrs. Durner were asleep until Thach rang their doorbell; Mr. Durner came to the door. Thach stated that he had car trouble, and he asked to use the telephone. Upon entering the home, he drew a handgun from behind his back and pointed it at Mr. Durner. Keener, armed with a sawed-off shotgun, entered the home shortly thereafter. Thach and Keener announced that they intended to rob the bank. Durner advised them that all money, except coins, was under a time lock, and that it could not be opened until later that morning. The defendant initially remained outside in the car. Thach went out to get her; he returned alone and said that she was asleep and would not come in. Later, Keener went out and roused the defendant, and she came into the Durner home. She was unarmed. She stood near the door and could see that both Thach and Keener were pointing firearms at Mr. and Mrs. Durner. Thach, Keener and Goering then discussed changing their plan; they would wait until the time lock went off, in order to take the currency. They decided to have Goering take their car out in the country so that the car would not attract attention in town. Thach took Mr. Durner's car keys, and Goering and Thach left. Goering drove Thach's car, and Thach followed in Durner's vehicle. Goering parked out in the country, and remained there in the car; Thach returned to the Durner residence.


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