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STATE v. DAMM

No. 62,897

246 Kan. 220 (1990)

787 P.2d 1185

STATE OF KANSAS, Appellant, v. NORMAN H. DAMM, Appellee.

Supreme Court of Kansas.

Opinion filed March 2, 1990.

Attorney(s) appearing for the Case

Rebecca D. Brook, assistant district attorney, argued the cause, and Robert T. Stephan, attorney general, and Paul J. Morrison, district attorney, were with her on the brief for the appellant.

Joseph L. Dioszeghy, of Overland Park, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

MILLER, C.J.:

This is an appeal by the State from an order of the trial court suppressing evidence, discharging defendant, Norman H. Damm, and dismissing the case. This is not an interlocutory appeal, K.S.A. 22-3603, but an appeal after final judgment, K.S.A. 1989 Supp. 22-3601(a) and K.S.A. 22-3602(b)(1).

The facts are undisputed. On the morning of April 8, 1988, Norman Damm was driving his car when he was...

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