State v. Tygart

The opinion of the court was delivered by

Fromme, J.:

Willis E. Tygart was charged with the felonious possession of a pistol. (K. S. A. 1973 Supp. 21-4204 [&].) Prior to trial the district court conducted a hearing and ordered a pistol and certain testimony suppressed as being the fruits of an unlawful search of defendants motor vehicle. The state has appealed pursuant to K. S. A. 1973 Supp. 22-3603. The single question presented is whether or not the search of Tygart’s vehicle, which resulted in the seizure of the pistol, was unlawful.

The evidence in opposition to the motion to suppress…