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STATE v. PROBST

No. 64,429

247 Kan. 196 (1990)

795 P.2d 393

STATE OF KANSAS, Appellant, v. DIANA LEA PROBST, Appellee.

Supreme Court of Kansas.

Opinion filed July 13, 1990.

Attorney(s) appearing for the Case

Kevin C. Fletcher, assistant county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellant.

Kenneth M. Carpenter, of Carpenter Chartered, of Topeka, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

HOLMES, J.:

The State of Kansas appeals from a district court order dismissing criminal charges against the defendant, Diana Lea Probst. Following a combined preliminary hearing and a hearing on a defense motion to suppress evidence seized under a search warrant, the trial court granted the motion to suppress and then dismissed the charges, as there was no other evidence that a crime had been committed. The State has...

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