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STATE v. DURST

No. 55,335

235 Kan. 62 (1984)

678 P.2d 1126

STATE OF KANSAS, Appellant, v. LINDA DURST, Appellee.

Supreme Court of Kansas.

Opinion filed March 24, 1984.

Attorney(s) appearing for the Case

David S. Brake, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Nick A. Tomasic, district attorney, were with him on the brief for appellant.

Robert E. Jenkins, of Jenkins, Way, Turner & Vader, Chartered, of Kansas City, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

This is an appeal by the State of Kansas from an order in a criminal action directing the return of certain property, seized at the time of the arrest of the defendant, to its purported owner. The State sought destruction of the property, under K.S.A. 22-2512(4), as being contraband gambling devices. The case was transferred from the Court of Appeals pursuant to...

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