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STATE v. TURNER

No. 46,852

210 Kan. 836 (1972)

504 P.2d 168

THE STATE OF KANSAS, Appellant, v. LEWIS W. TURNER, Appellee.

Supreme Court of Kansas.

Opinion filed December 9, 1972.

Attorney(s) appearing for the Case

Keith Sanborn, county attorney, argued the cause, and Vern Miller, attorney general, and Wallace Underhill, deputy county attorney, were with him on the brief for the appellant.

Robert V. Mulch, of Wichita, argued the cause, and was on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This is an interlocutory appeal by the state from an order sustaining defendant's motion to suppress evidence. The issue raised involves the validity of the seizure of property not listed in a search warrant.

On the 6th day of April, 1972, the residence of Frank Bruner in Wichita, Kansas, was burglarized. Upon the return to his home and the discovery of the missing items (tan glass piggy bank, small...

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