STATE v. SANDERS

No. 48,484

222 Kan. 189 (1977)

563 P.2d 461

STATE OF KANSAS, Appellee, v. STEVEN CHARLES SANDERS, Appellant.

Supreme Court of Kansas.

Opinion filed April 9, 1977.


Attorney(s) appearing for the Case

John C. Humpage, of Topeka, argued the cause and was on the brief for the appellant.

Zygmunt Jarczyk, Assistant District Attorney, argued the cause, and Curt T. Schneider, Attorney General, Nick A. Tomasic, District Attorney, and Dennis L. Harris, Assistant District Attorney, were on the brief for the appellee.


The opinion of the court was delivered by

KAUL, J.:

Defendant-appellant, Steven Charles Sanders, appeals from a conviction, in a trial to the court, of possession of Cannabis Sativa L. (marijuana) with the intent to sell in violation of K.S.A. 1976 Supp. 65-4127b. The central issue involves the sufficiency of an affidavit upon which a search warrant was issued.

The search warrant in question was issued by the judge of division No. 6 of the Wyandotte...

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