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STATE v. DURRANT

Nos. 62,446, 62,560

244 Kan. 522 (1989)

769 P.2d 1174

STATE OF KANSAS, Appellant, v. JOHN R. DURRANT, Appellee. STATE OF KANSAS, Appellant, v. LON D. and CINDY M. DRESSEL, Appellees.

Supreme Court of Kansas.

Opinion filed March 3, 1989.

Attorney(s) appearing for the Case

Gregory G. Hough, assistant attorney general, argued the cause and Robert T. Stephan, attorney general, Gene M. Olander, district attorney, and Kenneth R. Smith, assistant district attorney, were on the brief for appellant.

William K. Rork, of Topeka, argued the cause and was on the brief for appellee.

Gregory G. Hough, assistant attorney general, argued the cause and Robert T. Stephan, attorney general, was with him on the briefs for appellant.

William K. Rork, of Topeka, argued the cause and was on the brief for appellees.

The opinion of the court was delivered by

HOLMES, J.:

The State of Kansas appeals upon a question reserved in two separate criminal cases in which the district courts of Shawnee County and Osage County held the act providing for taxation of marijuana and controlled substances, K.S.A. 1988 Supp. 79-5201 et seq., unconstitutional as violating the Fifth Amendment privilege against self-incrimination. The cases have been consolidated on appeal.

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