STATE v. PETERS

No. 51,512

5 Kan. App. 2d 44 (1980)

611 P.2d 178

STATE OF KANSAS, Appellee, v. NICHOLAS PETERS, Appellant.

Court of Appeals of Kansas.

Opinion filed May 23, 1980.


Attorney(s) appearing for the Case

Jim Lawing, of Wichita, for the appellant.

Beverly Dempsey, Assistant District Attorney, Robert T. Stephan, Attorney General, and Vern Miller, District Attorney, for the appellee.

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


PARKS, J.:

Defendant appeals from his conviction of possession of heroin, K.S.A. 1979 Supp. 65-4127a. We reverse.

On February 15, 1979, a search warrant was issued for 1642 S. Volutsia in Wichita, authorizing a search for "an unknown quantity of Preludin [and an] unknown quantity of cocaine." No issue is raised as to the validity of this warrant. Five officers executed the warrant. After they had been in the residence for approximately 1 1/2 hours, defendant...

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