SOUTHWESTERN BELL TEL. CO. v. MILLER

No. 50,125

2 Kan. App. 2d 558 (1978)

583 P.2d 1042

SOUTHWESTERN BELL TELEPHONE COMPANY, Appellee, v. VERN MILLER, DISTRICT ATTORNEY, 18TH JUDICIAL DISTRICT, Appellant.

Court of Appeals of Kansas.

Petition for review denied November 8, 1978.


Attorney(s) appearing for the Case

Stuart W. Gribble, assistant district attorney, Kiehl Rathbun, assistant district attorney, and Curt T. Schneider, attorney general, for the appellant.

Jerry G. Elliott, of Foulston, Siefkin, Powers & Eberhardt, of Wichita, for the appellee.

Before FOTH, C.J., SWINEHART and MEYER, JJ.


FOTH, C.J.:

The sole issue in this case is whether the grant of authority to prosecuting attorneys conducting inquisitions under K.S.A. 1977 Supp. 22-3101(2) to issue "subpoenas" includes the authority to issue subpoenas duces tecum. We hold that it does.

The action was precipitated by a subpoena issued by the district attorney of the eighteenth judicial district (Sedgwick county) in connection with an investigation of alleged violations of the narcotics...

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