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STATE v. MZHICKTENO

No. 54,274

8 Kan. App. 2d 389 (1983)

658 P.2d 1052

STATE OF KANSAS, Appellant, v. LARRY MZHICKTENO and DENNIS DINWIDDIE, Appellees.

Court of Appeals of Kansas.

Opinion filed February 24, 1983.

Attorney(s) appearing for the Case

Frank J. Yeoman, Jr., assistant district attorney, Gene M. Olander, district attorney, and Robert T. Stephan, attorney general, for appellant.

Randy L. Baird, of Ireland, Enright & Baird, of Topeka, for appellees.

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

REES, J.:

Defendants are charged with burglary (K.S.A. 21-3715) and felony theft (K.S.A. 21-3701). The State appeals from a suppression order under K.S.A. 22-3215 and -3216.

Defendants were off-duty Topeka police officers when they purportedly committed the charged crimes. The appealed order suppresses defendants' incriminating statements given to officers of the Topeka Police Department internal affairs division in separate interrogations without Miranda...

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