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STATE v. BURGOON

No. 51,315

4 Kan. App. 2d 485 (1980)

609 P.2d 194

STATE OF KANSAS, Appellant, v. ALLAN BURGOON, a/k/a KENNETH ALLAN BURGOON, Appellee.

Court of Appeals of Kansas.

Petition for review denied June 20, 1980.

Attorney(s) appearing for the Case

James W. Clark, county attorney, and Robert T. Stephan, attorney general, for appellant.

Thomas E. Gleason, Jr., of Thomas E. Gleason, Chartered, of Ottawa, for appellee.

Max G. Moses, of Topeka, for amicus curiae Kansas County and District Attorneys Association.

Before FOTH, P.J., ABBOTT and MEYER, JJ.

ABBOTT, J.:

This is an interlocutory appeal taken by the State pursuant to K.S.A. 1979 Supp. 22-3603 from and order suppressing the testimony of the State's only witness to two alleged sales of marijuana.

Defendant is charged with two counts of selling marijuana to an undercover agent. The undercover agent revealed his name at the preliminary examination, but the presiding judge sustained the State's objection...

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