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STATE v. OYLER

No. 65,417

15 Kan. App. 2d 84 (1990)

803 P.2d 585

STATE OF KANSAS, Appellee, v. JIMMIE D. OYLER, SR., Appellant.

Court of Appeals of Kansas.

Opinion filed December 21, 1990.

Attorney(s) appearing for the Case

Pamela S. Thompson, of Horton, for the appellant.

Melinda S. Whitman, assistant district attorney, Paul J. Morrison, district attorney, and Robert T. Stephan, attorney general, for the appellee.

Before LARSON, P.J., DAVIS, J., and RICHARD W. WAHL, District Judge Retired, assigned.

Petition for review denied 248 Kan. 998 (1991).

DAVIS, J.:

The defendant, Jimmie D. Oyler, Sr., appeals the forfeiture of cigarettes and money seized by the State of Kansas at the time of his arrest. He contends that the State of Kansas lacks civil jurisdiction to proceed with a forfeiture action because he is a Cherokee Indian and because his smokeshop is located on Indian land.

Jimmie D. Oyler, Sr., owns and operates Shawnee Jim's Indian Country...

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