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STATE v. GALLOWAY

No. 53,851

232 Kan. 87 (1982)

652 P.2d 673

STATE OF KANSAS, Appellant, v. SHERMAN L. GALLOWAY, Appellee.

Supreme Court of Kansas.

Opinion filed October 22, 1982.

Attorney(s) appearing for the Case

Gregory L. Hammel, assistant district attorney, argued the cause and Robert T. Stephan, attorney general and Michael J. Malone, district attorney, were with him on the brief for the appellant.

Harry E. Warren, temporary district attorney, was on the Supplemental Brief for appellant.

Jeffrey O. Heeb, of Lawrence, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

This is an interlocutory appeal by the State from an order of the trial court suppressing evidence in a criminal action.

The facts out of which this action arose are complicated. On May 12, 1981, at approximately 12:30 a.m., Ms. G, a Kansas University (KU) graduate student, was attacked by a black male as she walked home. The man forced her into his car and drove her to Clinton Park in Lawrence where...

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