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STATE v. SHIENLE

No. 47,819

218 Kan. 637 (1976)

545 P.2d 1129

STATE OF KANSAS, Appellant, v. JOHN C. SHIENLE, Appellee.

Supreme Court of Kansas.

Opinion filed January 24, 1976.

Attorney(s) appearing for the Case

G. Joseph Pierron, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, and Margaret W. Jordan, district attorney, were with him on the brief for appellant.

Louis S. Wexler, of Wexler & Wingfield, of Shawnee Mission, argued the cause and was on the brief for appellee.

Charles E. Wetzler, city attorney of Prairie Village, was on the brief for the City of Prairie Village, Kansas, as amicus curiae.

The opinion of the court was delivered by

FROMME, J.:

This is an interlocutory appeal by the state from an order of a district court suppressing inculpatory statements made by the defendant-appellee after his arrest in Missouri. The arrest without a warrant was held to be illegal by the trial court and the inculpatory statements were suppressed as the fruit of an illegal arrest. The facts surrounding the arrest are not in dispute.

On December 2, 1974...

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