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STATE v. ROSEBERRY

No. 48,598

222 Kan. 715 (1977)

567 P.2d 883

STATE OF KANSAS, Appellant, v. WALTER JAY ROSEBERRY, Appellee.

Supreme Court of Kansas.

Opinion filed July 11, 1977.

Attorney(s) appearing for the Case

Michael D. Reed, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, Dennis W. Moore, district attorney, and Karen K. Clegg, assistant district attorney, were with him on the brief for the appellant.

Richard T. Merker, of Wallace, Saunders, Austin, Brown & Enochs, of Overland Park, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

The State of Kansas appeals from an order dismissing criminal charges against Walter Jay Roseberry. Roseberry was charged under K.S.A. 21-3826 with feloniously introducing a drug, marihuana, into the Johnson county jail without the consent of the jailer.

The district court held that K.S.A. 21-3826 was invalid because it had been enacted by the legislature in violation of Article 2, Section 16, of...

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