State v. Goodwin

Swinehart, J.:

Defendant appeals from his conviction of possession of heroin under K.S.A. 1978 Supp. 65-4127a.

Two points are raised by defendant on appeal: (1) The court erred in failing to sustain defendant’s motion for dismissal at the close of the State’s case; and (2) the court erred in not sustaining a motion to set aside the guilty verdict and grant a new trial.

The evidence disclosed that the defendant and a male companion were at a residence in Wichita occupied by Marshall Bottoms. On the day in question, officers of the Wichita Police Department were executing a search warrant, the…