STATE v. SPAULDING

No. 58,658

239 Kan. 439 (1986)

720 P.2d 1047

STATE OF KANSAS, Appellant, v. RUSSELL L. SPAULDING, Appellee.

Supreme Court of Kansas.

Opinion filed June 13, 1986.


Attorney(s) appearing for the Case

Gerald R. Kuckelman, assistant county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellant.

Joe Dickinson, of Jones & Dickinson, P.A., of Newton, argued the cause and was on the brief for appellee.


The opinion of the court was delivered by

MILLER, J.:

This is an interlocutory appeal brought by the State following the sustaining by the trial court of defendant's motion to suppress evidence seized from his automobile. Since no official transcript of the evidence was available, counsel prepared and submitted a statement of the proceedings. The statement was approved by the trial judge. We summarize the facts as set forth therein.

The defendant,...

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