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STATE v. HRUSKA

No. 47,961

219 Kan. 233 (1976)

547 P.2d 732

STATE OF KANSAS, Appellee, v. RAYMOND LEE HRUSKA, Appellant.

Supreme Court of Kansas.

Opinion filed March 6, 1976.

Attorney(s) appearing for the Case

Philip R. Herzig, of Salina, argued the cause, and was on the brief for the appellant.

James L. Sweet, county attorney, argued the cause, and Curt T. Schneider, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by

PRAGER, J.:

This is a direct appeal in two criminal cases in which the defendant-appellant, Raymond Lee Hruska, was convicted of theft of telecommunication services (K.S.A. 1973 Supp. 21-3745) and possession of marijuana (K.S.A. 65-4127b [3]). The facts in the case were virtually undisputed and are as follows: The defendant Hruska is a resident of Saline county. On June 3, 1974, a search

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