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STATE v. TYGART

No. 47,358

215 Kan. 409 (1974)

524 P.2d 753

STATE OF KANSAS, Appellant, v. WILLIS E. TYGART, Appellee.

Supreme Court of Kansas.

Opinion filed July 17, 1974.

Attorney(s) appearing for the Case

J.J.B. Wigglesworth, assistant district attorney, argued the cause, and Vern Miller, attorney general, and Margaret W. Jordan, district attorney, were with him on the brief for the appellant.

James L. Eisenbrandt, of Soden, Eisenbrandt & Isenhour, of Mission, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

Willis E. Tygart was charged with the felonious possession of a pistol. (K.S.A. 1973 Supp. 21-4204 [b].) Prior to trial the district court conducted a hearing and ordered a pistol and certain testimony suppressed as being the fruits of an unlawful search of defendant's motor vehicle. The state has appealed pursuant to K.S.A. 1973 Supp. 22-3603. The single...

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