STATE v. WALTER

No. 54,273

8 Kan. App. 2d 461 (1983)

660 P.2d 574

STATE OF KANSAS, Appellee, v. JOHN WALTER, Appellant. Reversed , (1983).

Court of Appeals of Kansas.

Opinion filed March 24, 1983.


Attorney(s) appearing for the Case

B.L. Pringle, of Topeka, and Lynn E. Martin, of Paola, for the appellant.

Herman A. Loepp, county attorney, and Robert T. Stephan, attorney general, for the appellee.

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


FOTH, C.J.:

A jury convicted defendant of possession of marijuana with intent to sell and possession of drug paraphernalia. The primary issue on appeal is whether the warrant under which the marijuana and paraphernalia were seized was properly issued, an issue raised by pretrial motion to suppress. The marijuana was in a half to three-fourths acre patch which, when cut by sheriff's officers, filled a county dump truck. The paraphernalia consisted of plastic planting...

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