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STATE v. McCLELLAND

No. 47,312

215 Kan. 81 (1974)

523 P.2d 357

STATE OF KANSAS, Appellee, v. BENJAMIN McCLELLAND, Appellant.

Supreme Court of Kansas.

Opinion filed June 15, 1974.

Attorney(s) appearing for the Case

Charles E. Worden, of Topeka, argued the cause, and David J. Phillips, of Topeka, was with him on the brief for appellant.

Randy Baird, assistant district attorney, argued the cause, and Vern Miller, attorney general, and Gene M. Olander, district attorney, were with him on the brief for appellee.

The opinion of the court was delivered by

FATZER, C.J.:

This is a direct appeal from a conviction for unlawful possession of a stimulating drug. (K.S.A. 65-4126, now K.S.A. 1973 Supp. 65-4127a.)

On August 30, 1972, the Shawnee County district attorney made application for a search warrant for the premises of 1315 Monroe Street, Topeka. At a hearing on the application, an officer of the Topeka police department vice squad testified he had reason to...

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