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STATE v. KUHLMAN

No. 54149.

293 So.2d 159 (1974)

STATE of Louisiana, Appellee, v. Richard C. KUHLMAN, Appellant.

Supreme Court of Louisiana.

March 25, 1974.

Attorney(s) appearing for the Case

Kenneth W. Kennon, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Ossie Brown, Dist. Atty., Frank J. Gremillion, Asst. Dist. Atty., for plaintiff-appellee.

TATE, Justice.

The defendant Kuhlman was convicted of cultivating several marijuana plants in his back yard, La.R.S. 40:971 (a), and sentenced to five years, suspended. The three bills perfected are based entirely upon the illegality of the search of his home and of the consequent seizure of the plants. We find merit to the bills and reverse the conviction.

Apparently because of the manifest insufficiency of the affidavit used to secure a search warrant belatedly...

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