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STATE v. HOWARD

No. 55,963

235 Kan. 236 (1984)

679 P.2d 197

STATE OF KANSAS, Plaintiff-Appellant, v. TIMOTHY RAY HOWARD and ROSEMARIE HOWARD, Defendants-Appellees.

Supreme Court of Kansas.

Opinion filed March 24, 1984.

Attorney(s) appearing for the Case

David E. (Rick) Roberts, assistant county attorney, argued the cause, and Robert T. Stephan, attorney general, and Timothy J. Chambers, county attorney, were with him on the brief for the appellant.

Herbert R. Hess, Jr., of Hess, Leslie & Brown, of Hutchinson, argued the cause and was on the brief for the appellees.

The opinion of the court was delivered by

PRAGER, J.:

This is a criminal action in which the defendants, Timothy Ray Howard and Rosemarie Howard, were charged with possession of cocaine (K.S.A. 65-4127a) and conspiracy to sell marijuana (K.S.A. 21-3302 and K.S.A. 1982 Supp. 65-4127b). The State has taken an interlocutory appeal, pursuant to K.S.A. 22-3603, from an order of the district court suppressing certain taped...

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