State v. Jacques

Abbott, J.:

This is a direct appeal from a jury verdict convicting defendant of unlawful possession of heroin. (K.S.A. 1977 Supp. 65-4127a.)

On September 3, 1976, at 9:50 p.m., Wichita police officers obtained a search warrant authorizing a search of the north half of a duplex at 2029 North Volutsia in Wichita. The application for the search warrant was sworn to on information and belief, and related information received by the affiant from a confidential informant.

The item to be seized was an unknown quantity of heroin. The search warrant was executed some thirty minutes later, at 10:20 p.m.…