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STATE v. EATMON

No. 48,141

220 Kan. 510 (1976)

553 P.2d 309

STATE OF KANSAS, Appellee, v. JAMES RUSSELL EATMON, JR., a/k/a "SMOKEY", Appellant.

Supreme Court of Kansas.

Opinion filed July 23, 1976.

Attorney(s) appearing for the Case

Robert M. Brown, of Topeka, argued the cause, and was on the brief for the appellant.

Albert D. Keil, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and Gene M. Olander, district attorney, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRAGER,, J.:

This is a direct appeal in a criminal action in which the defendant-appellant, James Russell Eatmon, Jr., was convicted by a jury of selling a narcotic drug in violation of K.S.A. 1973 Supp. 65-4127a. The major point raised on the appeal is that the trial court erred in overruling the defendant's motion to suppress certain evidence consisting of marked currency which was obtained as the result of a search...

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