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STATE v. EPPERSON

No. 56,933

237 Kan. 707 (1985)

703 P.2d 761

STATE OF KANSAS, Appellant, v. RENE E. EPPERSON and MICHAEL J. AUERBACH, Appellees.

Supreme Court of Kansas.

Opinion filed July 26, 1985.

Attorney(s) appearing for the Case

Geary N. Gorup, assistant district attorney, argued the cause, and Clark V. Owens, district attorney, and Robert T. Stephan, attorney general, were with him on the briefs for appellant.

Daniel E. Monnat, of Fisher & Monnat, of Wichita, argued the cause, and Stanley Spurrier, III, of the same firm, was with him on the brief for appellee Rene E. Epperson.

Jack Focht, of Focht, Hughey & Hund, of Wichita, was on the brief for appellee Michael J. Auerbach.

The opinion of the court was delivered by

MILLER, J.:

This is an interlocutory appeal by the State in a criminal case from the order of the trial court suppressing evidence. The Court of Appeals, in a per curiam unpublished opinion, affirmed the trial court's decision under Rule 7.042 (b), (d) and (e) (235 Kan. lxxiv). We granted the State's petition for review.

The relevant facts are not in dispute...

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