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STATE v. SUMNER

No. 46,807

210 Kan. 802 (1972)

504 P.2d 239

STATE OF KANSAS, Appellant, v. DOUGLAS M. SUMNER, Appellee.

Supreme Court of Kansas.

Opinion filed December 9, 1972.

Attorney(s) appearing for the Case

Benjamin L. Burgess, Jr., assistant county attorney, argued the cause, and Vern Miller, attorney general, was with him on the brief for appellant.

Lane H. Cronhardt, of Hutchinson, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

FATZER, C.J.:

This is an interlocutory appeal pursuant to K.S.A. 60-2102 (b) and Rule No. 5 of this court. There is a single issue to be resolved. The appellant, the state of Kansas, contends the district court erred in suppressing physical evidence, seized by the Reno County and Harvey County sheriffs, which related to the prosecution of the appellee, Douglas M. Sumner, for burglary and felony theft.

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