STATE v. MITCHELL

No. 54,662

8 Kan. App. 2d 265 (1982)

655 P.2d 140

STATE OF KANSAS, Appellant, v. BARBARA J. MITCHELL, Appellee.

Court of Appeals of Kansas.

Opinion filed December 16, 1982.


Attorney(s) appearing for the Case

James L. Wisler, county attorney, and Robert T. Stephan, attorney general, for the appellant.

Orville J. Cole of Cole & Doering, of Garnett, for the appellee.

Before SPENCER, P.J., PARKS, J., and HARRY G. MILLER, District Judge Retired, assigned.


SPENCER, J.:

This is an interlocutory appeal by the State pursuant to K.S.A. 22-3603. The sole issue presented is whether a spent .22 caliber shell casing found in defendant's enclosed yard, the scene of an alleged murder, was properly suppressed by order of the court as having been obtained in the course of an unreasonable search and seizure.

On the morning of March 30, 1982, the Linn County Sheriff was notified by radio that one Floyd Mitchell, who had lived...

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