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STATE v. RATLEY

No. 68,474

253 Kan. 394 (1993)

855 P.2d 943

STATE OF KANSAS, Appellant, v. GARY M. RATLEY, Appellee.

Supreme Court of Kansas.

Opinion filed July 9, 1993.

Attorney(s) appearing for the Case

Kyle G. Smith, assistant attorney general, argued the cause and was on the brief for appellant.

Dennis W. Moore, of Moriarty, Erker & Moore, of Overland Park, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is an appeal by the State from the order of the district court dismissing one count of an information.

On July 5, 1990, agents from the Kansas Bureau of Investigation (KBI), Anderson County Sheriff's Office, and Bureau of Alcohol, Tobacco, and Firearms executed a consent search on defendant Gary M. Ratley's farm. They seized growing marijuana plants and packages of marijuana and arrested...

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