STATE v. DOWDY

No. 48,398

222 Kan. 118 (1977)

563 P.2d 425

STATE OF KANSAS, Appellant, v. BRENDA DOWDY, KEITH BANKS, JUDY FINLAY, DANNY HANSON, SYDNEY SCANLON, JOHN THOMAS FINLAY, LARRY HAITH, MYRON HAITH, TED BRYANT, ALFRED HILL, LEO J. McMAHON, MICHAEL J. BROADFOOT, BOYD DOUGLAS RANSOM, Appellees.

Supreme Court of Kansas.

Opinion filed April 9, 1977.


Attorney(s) appearing for the Case

Kiehl Rathbun, [Former] Assistant District Attorney, argued the cause, and Curt T. Schneider, Attorney General, and Dennis W. Moore, District Attorney, were with him on the brief for the appellant.

Michael Lerner, of Barnett & Lerner, Chartered, of Kansas City, argued the cause and was on the brief for Brenda Dowdy, Larry Haith, Myron Haith and Michael J. Broadfoot, appellees.

George W. Earnshaw and Janine Hassler, of Ivan and Earnshaw, of Shawnee Mission, were on the brief for Danny Hanson, appellee.

James Bradley, of Olathe, was on the brief for Judy Finlay, appellee.

Hosea Sowell, of Kansas City, was on the brief for Keith Banks, appellee.

Gerald Bressel, of Kansas City, Missouri, was on the brief for Larry Haith and Myron Haith, appellees.

Robert G. Duncan, of Kansas City, Missouri, was on the brief for Alfred Hill and Leo J. McMahon, appellees.


The opinion of the court was delivered by

KAUL, J.:

This is an interlocutory appeal from an order of the trial court sustaining a motion to suppress evidence obtained as a result of authorized eavesdropping. (K.S.A. 22-2514, et seq., [Laws of 1974, Ch. 150], [Secs. 22-2514, 22-2515, 22-2516 and 22-2517 were amended by Laws of 1976, Ch. 165, now K.S.A. 1976 Supp.].) The states appeal is specifically authorized by K.S.A. 22-2516 (9) (b) (i<...

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