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STATE v. HUBBARD

No. 47,286

215 Kan. 42 (1974)

523 P.2d 387

STATE OF KANSAS, Appellee, v. JOHN HUBBARD, Appellant.

Supreme Court of Kansas.

Opinion filed June 15, 1974.

Attorney(s) appearing for the Case

Wilbert W. Phalen, of Pittsburg, argued the cause and was on the brief for the appellant.

Vernon D. Grassie, county attorney, argued the cause, and Vern Miller, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

Defendant appeals from conviction of theft in violation of K.S.A. 1972 Supp. 21-3701 (now K.S.A. 1973 Supp. 21-3701) on the ground the evidence against him was the product of an illegal search and seizure.

On December 9, 1972, a search warrant was issued from the city court of Pittsburg authorizing search of defendant's residence located at 710 East 22nd...

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