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IN RE OLANDER

No. 47,171

213 Kan. 282 (1973)

515 P.2d 1211

In the Matter of the Application of Gene M. Olander, County Attorney of Shawnee County, Kansas, by Lawrence P. Ireland, Assistant County Attorney of Shawnee County, Kansas, for an Order Authorizing Eavesdropping Pursuant to K.S.A. 1972 Supp. 22-2513. STATE OF KANSAS, Appellant, v. KELLY STEIN and FRED GALLION, Respondents.

Supreme Court of Kansas.

Opinion filed November 3, 1973.

Attorney(s) appearing for the Case

Gene M. Olander, district attorney, argued the cause, and Vern Miller, attorney general, and Lawrence P. Ireland, assistant district attorney, were with him on the brief for the appellant.

John C. Humpage, of Topeka, argued the cause, and Robert L. Roberts, also of Topeka, was with him on the brief for the respondent.

The opinion of the court was delivered by

FONTRON, J.:

The defendant, E.K. Stein, to whom we shall refer either by name or as petitioner, is presently charged with commercial gambling in violation of K.S.A. 1972 Supp. 21-4304. The charges were filed January 1, 1973, but before a preliminary examination could be held Mr. Stein filed a motion in the Shawnee District Court to suppress all evidence derived through an...

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