STATE v. MITCHELL

No. 54,618

8 Kan. App. 2d 416 (1983)

658 P.2d 1063

STATE OF KANSAS, Appellant, v. SAMUEL MITCHELL, Appellee.

Court of Appeals of Kansas.

Opinion filed March 3, 1983.


Attorney(s) appearing for the Case

David R. Platt, assistant county attorney, and Robert T. Stephan, attorney general, for the appellant.

John C. Humpage, of Humpage, Berger and Hoffman, of Topeka, for the appellee.

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


FOTH, C.J.:

This is an interlocutory appeal by the State from a pretrial order suppressing evidence seized from defendant's home under a search warrant. The suppressed evidence included, among other things, assorted narcotic drugs, drug paraphernalia, and controlled substances.

The motion to suppress challenged the sufficiency of the affidavit on which the warrant was issued:

"I, Michael L. Baker, of lawful age, after first being duly sworn on oath...

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