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STATE v. HAYS

No. 48,296

221 Kan. 126 (1976)

557 P.2d 1275

STATE OF KANSAS, Appellant, v. HAROLD E. HAYS, Appellee.

Supreme Court of Kansas.

Opinion filed December 11, 1976.

Attorney(s) appearing for the Case

Stephen E. Robison, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, Keith Sanborn, district attorney, and Robert L. Kennedy, Jr., assistant district attorney, were on the brief for the appellant.

Frank E. Robbins, of Hiebsch, Robbins & Tinker, of Wichita, argued the cause, and was on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an interlocutory appeal by the state pursuant to K.S.A. 22-3603 from an order granting the defendant's motion to suppress marihuana seized following a search of his automobile trunk.

The question presented pertains to the propriety of the trial court's action in sustaining the defendant's motion to suppress evidence alleged to have been illegally...

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