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STATE v. PALERMO

No. 49,333

224 Kan. 275 (1978)

579 P.2d 718

STATE OF KANSAS, Appellant, v. RON PALERMO, Appellee.

Supreme Court of Kansas.

Opinion filed June 10, 1978.

Attorney(s) appearing for the Case

Larry McClain, assistant district attorney, argued the cause, and Curt T. Schneider, attorney general, Dennis W. Moore, district attorney, and Richard S. Wetzler, assistant district attorney, were on the brief for the appellant.

J. Roy Holliday, Jr., of Hackler, Londerholm, Speer, Vader & Austin, Chartered, of Olathe, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This is an appeal by the state asking this court to reverse a judgment of acquittal and reinstate a jury verdict. The defendant was charged with sale of heroin (K.S.A. 1977 Supp. 65-4127a).

This case began in the spring of 1976 in Johnson County, Kansas, when officers of the Johnson County sheriff's office arrested Stanley Shrout for possession of marijuana. Upon learning that Shrout might have...

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